Mark Joseph Stern Profile picture
Sep 22, 2020 7 tweets 2 min read Read on X
If Senate Democrats do not threaten to expand the Supreme Court after Republicans install a justice in the middle of an election (or during the lame duck), they will have effectively surrendered. There is no other proportional response. It’s court expansion or nothing.
Republicans established new rules: The party in power can use any tool at its disposal to seize the Supreme Court, within explicit constitutional limits. Democrats will solve nothing if they unilaterally disarm. They can either adopt the new rules and expand the court, or die.
Democratic senators who won’t support court expansion as a proportional response to this power grab should be treated as cowards and dupes of the right. Republicans have ruthlessly shattered all norms and principles to seize the judiciary. Democrats must respond in kind.
Progressives should be inundating Democratic senators with calls demanding to know their plan if Trump installs a new justice. “First we try to stop him” isn’t good enough. We need to know what Democrats intend to do when Plan A fails and Republicans seize the Supreme Court.
RBG’s death is the biggest crisis of Trump’s entire presidency but too many progressives are consumed by the election to grasp the magnitude of the catastrophe unfolding before our eyes. Republicans are poised to obliterate the progressive agenda for decades. This is THE fight.
Also: “Republicans are hypocrites” is not a plan. Democratic senators don’t need to tell us how unprincipled Republicans are. We know. Republicans don’t care. Democrats need to talk about the material consequences of a far-right SCOTUS, like the imminent eradication of the ACA.
A far-right Supreme Court threatens everything Democrats support. The ACA. Roe v. Wade. Marriage equality. One person, one vote. Voting rights. Gun safety laws. Carbon regulations. Affirmative action. Unions. Campaign finance laws. Redistricting reform. It is ALL on the table.

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More from @mjs_DC

Oct 31
The seamless expansion of same-day registration to so many states proves that there is no legitimate reason to cut off voter registration before Election Day, let alone a full month before. Registration deadlines are just a pretext to prevent less engaged citizens from voting.
In many states, you can walk up to the polls on Election Day, register to vote, and cast your ballot. In other states, you have to register up to a full month before Election Day. The only difference is that the first group of states wants people to vote and the second does not.
Same-day registration also protects voters against administrative errors and unlawful purges that cancel their active status shortly before an election. In Virginia, for instance, citizens wrongfully purged by Youngkin can re-register at the polls through Election Day.
Read 4 tweets
Oct 25
NEW: A far-right panel of the 5th Circuit rules that it is *illegal* for states to count ballots that arrive shortly after Election Day but are postmarked by Election Day.

18 states + D.C. count these ballots. This decision would shred those laws. s3.documentcloud.org/documents/2525…
BUT: The 5th Circuit decision only applies to Mississippi, the one state within the circuit that counts ballots received after Election Day.

The 5th Circuit is trying to tee up a Supreme Court decision to strike down ballot laws in many other states, too. s3.documentcloud.org/documents/2525…
The 5th Circuit declined to issue a preliminary injunction against Mississippi's law, but declared it illegal and ordered the district court to issue an appropriate remedy. Nobody knows what that will look like! Confusion will now reign. s3.documentcloud.org/documents/2525…
Read 4 tweets
Jul 2
NEW: The Supreme Court sends a whopping EIGHT Second Amendment cases back to the lower courts for reconsideration in light of its decision in Rahimi.

Much more in today's giant orders list: supremecourt.gov/orders/courtor…
The Supreme Court also sends NINE Chevron cases back down to the lower courts for reconsideration in light of Loper Bright. The disruption officially begins: supremecourt.gov/orders/courtor…
The Supreme Court vacates an 8th Circuit decision that had granted North Dakota lawmakers a "legislative privilege" from discovery in an important Native redistricting case, agreeing with the plaintiffs that the dispute has become moot. (KBJ dissents.) supremecourt.gov/orders/courtor…
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Read 12 tweets
Jul 1
🚨The Supreme Court rules that President Trump has "absolute immunity" from criminal prosecution for all "official acts" he took while in office. The vote is 6–3 with all three liberals dissenting. supremecourt.gov/opinions/23pdf…
Sotomayor, dissenting: Today's decision shields presidents from prosecution "for criminal and treasonous acts" and "makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law." supremecourt.gov/opinions/23pdf…
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Sotomayor, joined by Kagan and Jackson, closes: "With fear for our democracy, I dissent." supremecourt.gov/opinions/23pdf…
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Read 6 tweets
Jul 1
The Supreme Court's second decision is NetChoice. Justice Kagan's complicated opinion for the court remands both cases to the appeals courts for the proper analysis of a First Amendment facial challenge, which, she says, they flunked the first time. supremecourt.gov/opinions/23pdf…
HOWEVER: Kagan's opinion for the court holds that content moderation IS "expressively activity" and that social media platforms ARE protected by the First Amendment, no matter their size, from state intrusion. That's a major holding. supremecourt.gov/opinions/23pdf…
Kagan says social media platforms engage in protected speech when moderating content posted by third parties, and Texas' alleged interest in interfering with that practice amounts to the "suppression of free expression, and it is not valid" under the First Amendment.
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Read 4 tweets
Jul 1
The Supreme Court's first decision is Corner Post. By a 6–3 vote, the majority allows plaintiffs to challenge an agency action LONG after it has been finalized. All three liberals dissent. supremecourt.gov/opinions/23pdf…
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This article explains why today's outcome in Corner Post will be so destabilizing to the administrative state—it means that agency actions are never really safe from legal assault, even decades after they're finalized. It's a really big deal. americanprogress.org/article/corner…
In her dissent, Justice Jackson urges Congress to enact a new law to "forestall the coming chaos" created by today's decision, reimposing the statute of limitations that had, until now, prevented new plaintiffs from endlessly challenging regulations. supremecourt.gov/opinions/23pdf…
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Read 7 tweets

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