Will Stancil Profile picture
Sep 25, 2020 8 tweets 2 min read Read on X
One thing pundits should keep in mind about court expansion is that the judges Trump is appointing aren't just conservative in a jurisprudential sense. They're political partisans. There really is a difference. One is acceptable, the other is basically unworkable for Democrats.
Consider something like textualism. That's a "conservative" legal philosophy, in that it tends to cabin government power and prevent legal meanings from evolving. Still, there's no reason you couldn't write a climate law or a health law that wouldn't pass muster under textualism!
The up-and-coming Trump judges aren't textualists, though. They're Republicans. The primary criterion they use when evaluating a law is "Do Republicans like it, for whatever reason?" If Republicans do like it, it's legal. If they don't, they reason backwards to strike it down.
The problem with this is that it makes it impossible for progressives or Democrats or liberals to win in court, simply by dint of being progressives or liberals or Democrats. It's a foregone conclusion, no matter how you draft laws, pass them, or implement them.
Someone is inevitably going to say "Ah, but isn't ALL law just pretext for partisanship?" But it's not true. History is full of conservative judges who were convinced that liberals had the strongest legal claim, or vice versa, even on matters of immense importance.
But when judges are truly partisan, it becomes impossible to win those arguments. Appointing partisan judges means that the courts just become a second legislature, one that can't be voted out or changed except on a generational timespan. That's undemocratic - and unacceptable.
Faced with the possibility of the Supreme Court serving as an unelected legislature - an Upper UPPER House with lifetime appointments, almost like a peerage system - Democrats just aren't left with much choice but to alter the structure of government.
Is court expansion an ideal solution? Absolutely not. But this is part of government too: when one branch gets too big for its britches, other branches need to step in and cut it back down to size. Court expansion is simply Article I reclaiming some of its power from Article III.

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More from @whstancil

Apr 26
This kind of right-wing legalistic gaslighting is such a menace. The reason I know January 6 was an insurrection or coup is because I WATCHED IT LIVE. I watched Trump lie for months, give an incendiary speech, instruct Mike Pence to change the result, and send support to the mob.
This is Orwellian in the truest sense: authoritarians showing you something and then, gradually over time, chiseling away at your ability to see it clearly, with word games and logical tricks, until the thing that was as clear as day seems like nothing at all. DO NOT fall for it.
Trump tried to overthrow the government. He tried to have state and federal officials change the result. He tried to make his own Justice Department do it. And when that didn’t work, he incited an armed mob to attack and invade the US Capitol. None of that is exaggeration.
Read 4 tweets
Apr 2
I think one of the worst pathologies of our time is the conviction among so many powerful people that "being reasonable" and "acting powerless" are the same thing - that reacting to events in any way, or attempt to effect change on the world, is inherently unserious.
It's a huge part of what has left our politics so paralyzed in response to things like Trump. "Wow, Trump's bad," some of the most powerful people on earth say. "It's crazy that he's running for reelection after attempting to overthrow the government. Hope he doesn't win!"
Something about the endless bubble of screens and news we live in has trained our society's leaders to believe they're not really part of the world, just observers of it. They've absorbed the passivity of the cable TV watcher or Twitter commenter.
Read 4 tweets
Apr 1
Reorienting the legal system to protect white people, regardless of whether it’s done under the guise of anti-anti-racism or whatever, is effectively the restoration of formal white supremacy. It was always inevitable that Trump’s far right would end up here.
This is the beating heart of Trump’s politics: taking the inchoate resentment of reactionary white people terrified that they are losing their racial privileges and using it to create a regime where those people can endlessly exact revenge on groups they believe subordinate.
“White reactionaries incorrectly believe they have been discriminated against and simply want to compete on level ground” - given that they ALREADY are competing with an advantage, what would a legal regime privileging this group look like?
Read 4 tweets
Mar 5
Biden has been the most progressive policy president in 50 years or more. He's enacted massive stimulus and climate bills, he's governed with a full-employment mindset that has created a booming economy for workers, he's appointed progressives across the federal government.
He's made great court appointments, stood up for labor unions like no president in history, and stood by an anti-monopoly FTC chair that has big business howling in anger. He's cancelled tons of student and tried to cancel more. He's done SO MUCH.
It is ALSO true that his opponent is undisguised fascist and rapist who previously tried to overthrow the government, campaigning on a platform of, quite literally, dictatorship, bloody revenge, and concentration camps for immigrants and other perceived undesirables.
Read 5 tweets
Mar 5
Again, this is not complicated: the fringe of people who are going to sit out this election to punish Biden from the left is quite small. But those people are noisy and contribute to a larger sense of apathy, that both parties are the same. And there are a LOT of apathetic voters
"Both parties are the same, this election doesn't matter, I won't vote or will just vote third party" is a very stupid idea that nonetheless seems to have some intrinsic appeal to a lot of people, and has repeatedly caused catastrophic election results (Bush 2000, Trump 2016)
We were able to beat Trump in 2020 in large part because there was widespread recognition of the stakes of the election (that's why turnout was the highest in history). But right now the public discourse is full of very loud voices playing DOWN the stakes
Read 4 tweets
Feb 29
It’s forgotten now but Dems spent the first 2.5 years of the Biden presidency intentionally slow-walking or closing down investigations of Trump while sternly declaring that they were “looking forward, not back”
The problem here was incredibly obvious at the time: if no one actually did the work of targeting Trump for his many outrageous acts, none of them would stick to him.
Remember that Mueller handed Garland an open-and-shut case against Trump, and instead of taking action, he simply let it expire. Dems didn’t investigate Trump and Russia. Only Jack Smith finally moved forward on an ACTUAL COUP ATTEMPT.
Read 7 tweets

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