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Aaron Belkin Profile picture
@AaronBelkin
Sep 29, 2020 • 13 tweets • 6 min read • Read on X
1/ Court expansion thread @TakeBacktheCt - Day 11 I was asked several times today how I feel about Biden and other Dems declining to endorse expansion nbcwashington.com/news/politics/…
2/ (Joe Manchin also declining to hop aboard the court expansion bus) dailylocal.com/news/national/…
3/ No, I'm not concerned. There's been tremendous momentum for expansion because it's the only solution to our stolen, un-democratic courts. More folks get that every day, and that will continue. The question isn't whether candidates campaign on expansion or what Manchin says
4/ The question is where will the politics land if ACB nomination is rammed through the Senate...
5/...and where they'll land if/when D's return to power and SCOTUS and lower court Trump judges put Biden WH in handcuffs from day one, striking down critical legislation, for example HR1 washingtonpost.com/opinions/2020/…
6/ The key SCOTUS-related message for Biden & candidates right now isn't about court expansion. It's about how Kavanaugh and ACB will destroy ACA in the middle a pandemic messagebox.substack.com/p/a-supreme-co…
7/ Gorgeous piece in @TheAtlantic today explaining how/why expansion reinforces democracy. theatlantic.com/ideas/archive/…
8/ Atlantic article echoes brilliant distinction introduced by Professor .@tmksyracuse "between constitutional hardball in service of democratic erosion and constitutional hardball in service of democratic preservation or renewal." papers.ssrn.com/sol3/papers.cf…
9/ Pretty much everything McConnell does (eg voter suppression) is the former, while court expansion, which is necessary for HR1 to survive, is the latter lawcomm.pepperdine.edu/blogs/review/w…
10/ I make a bunch of these points in convo w .@trymainelee on today's episode of @MSNBC podcast @IntoAmerica art19.com/shows/into-ame…
11/ Finally, .@GaneshSitaraman just must-read started daily tweet thread explaining various SCOTUS reform options
12/ .@GaneshSitaraman & other top scholars will address wide range of SCOTUS reform alternatives at symposium "The Supreme Court in Crisis: Structural Reform of a Broken Institution" co-sponsored by @TakeBacktheCourt @YaleLawSch and YLS chapter of .@ACSLaw takebackthecourt.today/press-release-…
13/ No canine news tonight because Burberry is happy and pretty healthy, but he sends greetings from the next room, where he is sleeping while dreaming of chewing a bully stick akc.org/expert-advice/…

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More from @AaronBelkin

Aaron Belkin Profile picture
Oct 2, 2020
1/ Court expansion thread @TakeBacktheCourt Day 14 - New @538politics podcast today w Prof @danepps on SCOTUS and institutional legitimacy. fivethirtyeight.com/videos/what-it…
2/ Thoughtful discussion, and/but I wonder if focus on institutional legitimacy is the right lens for this moment, with a court that is unlikely to allow future administrations to fix climate even though there's essentially no time left on climate clock... takebackthecourt.today/scotus-will-ov…
3/ ...and unlikely to allow future administrations to restore democracy in an era when GOP blocks millions of Black & Brown voters from the polls to increase its odds of winning elections washingtonpost.com/opinions/2020/…
Read 14 tweets
Aaron Belkin Profile picture
Oct 1, 2020
1/ Court expansion thread @TakeBacktheCt Day 13 - I was amused to see right-wing media mocking how Biden handled court expansion @ last night's debate. National Review headline: "Biden Refuses to Answer the Court-Packing Question"
2/ NYT also tried to concoct some click bait: Progressives furious! Biden won't endorse court expansion! nytimes.com/2020/09/29/us/…
3/ Progressive allies asked me today if I thought Biden erred by punting on court expansion question at debate. No, he handled SCOTUS discussion perfectly by emphasizing key point: SCOTUS is about to strip health care from millions of Americans during a pandemic
Read 16 tweets
Aaron Belkin Profile picture
Sep 27, 2020
1/ Court expansion thread @TakeBacktheCt - Day 10 Just one point to make today, underscoring how unfortunate I find 'notorious ACB' logo to be. slate.com/news-and-polit…
2/ 'Notorious ACB' logo seems like an instance of 'punching down,' joking at someone's expense when you have more power than they do.
buzzfeednews.com/article/scaach…
3/ Dahlia Lithwick @Slate, citing @AFJustice, underscores that ACB can be expected to "dismantle Ginsburg’s legacy in abortion, health care, discrimination, and gun rights."
afj.org/wp-content/upl…
Read 4 tweets
Aaron Belkin Profile picture
Sep 26, 2020
.@DavidColeACLU is a hero, but his new WaPo oped on SCOTUS has some claims that I disagree with washingtonpost.com/opinions/this-…
1st: Cole implies that split-decision rulings have gone both ways roughly evenly, with some breaking liberal and others breaking conservative. No. Even the Kennedy Court, far more moderate than today's Court, was extremely conservative on most issues acslaw.org/issue_brief/br…
Other data supporting this point include acslaw.org/issue_brief/br… and takebackthecourt.today/chief-justice-…
Read 10 tweets
Aaron Belkin Profile picture
Sep 26, 2020
1/ Court expansion thread @TakeBacktheCt - Day 9 Focus today is what R's would do if D's win & enact democracy agenda (=kill filibuster, pass HR1, expand federal courts) & enact bold agenda (health care, racial justice, climate, guns, immigration, eco inequality...)
2/ Respectfully disagree w/ .@clairecmc & .@davidplouffe, who say if D's go big, R's "have a laundry list of things that they’ve wanted to do...And they will do them all." podcasts.apple.com/us/podcast/cam… Image
3/ I have argued that GOP poses perhaps greatest threat to the planet (bc of climate denialism), and that its toxicity long pre-dates Trump salon.com/2019/07/10/how…
Read 21 tweets
Aaron Belkin Profile picture
Sep 26, 2020
1/ Court expansion thread @TakeBacktheCt Day 8 - Scary day today bc of Amy Coney Barrett nytimes.com/2020/09/25/us/…
2/ The prospect of a 6-3 SCOTUS is frightening, but the path to protecting ACA, restoring democracy & enabling the next administration to address climate is the same as it was in July 2018 when .@brianbeutler laid it out. crooked.com/articles/trump…
3/ Beutler's plan: If D's return to power (yes that's a big "if") (1) Senate rules incl. filibuster & blue slips must be changed; (2) Congress must pass an aggressive democracy bill to un-rig the system; and (3) SCOTUS must be expanded to protect the democracy bill from Roberts
Read 17 tweets

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