Eric Levitz Profile picture
Think out loud for https://t.co/1Dbt4zwdm2. eric.levitz@voxmedia.com https://t.co/0pFwy0400C

Sep 20, 2020, 5 tweets

1) If I believed that abortion was genocide and that the Clean Air Act was the first step on the road to Stalinism, then I would want McConnell to handle things exactly as he has. But once we drop the pretense of an apolitical judiciary...

2)...Democrats have no obligation to let the timing of various deaths + the biases of Senate and Electoral College award Republicans a high court supermajority for a decade -- despite the fact that their party has lost the popular vote in 6 of 7 presidential elections...

3) And the idea that they are obligated to honor the right's fortuitous triumph is all the more absurd when one considers the profound unpopularity of the conservative judicial agenda (not least on corporate power) and the audacity of the modern right's judicial activism...

4) The court recently came one vote shy of vetoing the a Democratic president's top legislative achievement on grounds that many conservative legal minds had initially thought specious. John Roberts rewrote the Medicaid expansion. Scalia invented a personal right to firearms...

5) It is constitutional for Dems to add justices, and the end result of that action -- the gutting of judicial review -- is preferable to letting the unelected adherents of an extremist ideology dictate what the democratic branches of government can and can't do for a generation.

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