Elie Mystal Profile picture
Oct 3, 2020 7 tweets 2 min read Read on X
Sigh. @alfranken just said that Dems should "sit with" a 6-3 court and *wait for* the court to do something bad AND THEN, maybe, the Dems would have the political will to expand the court.

Since this is my part of the store, I will quickly say that this is dumb and bad.
* Expanding the court upon victory is going to be the HEIGHT of the Dems political power to do this. The illegitimate process to install ACB will be fresh.

Also, it's the height of the reform argument. Trump broke the court just like he broke everything else. LET'S FIX IT.
* There is the sense, from Dems, that they have "other priorities." But, people (include Dems) don't seem to understand that the POINT of a 6-3 Republican court is to THWART those priorities. THAT'S WHY THE GOP STOLE IT.

There's NOTHING that Dems want that survives a 6-3 court.
* Waiting for the court to strike down any particular priority will take a while. At least a couple of years.

If Dems think that they're going to pack the court after the 22 election they are INSANE. Even if Dems win the Senate now, they'll likely lose it in 22. Look at the map.
Those losses will be ASSURED if they let the Court GUT VOTING RIGHTS. Which they've already done. And poised to do some more, RIGHT NOW.

This is the critical point, you CAN'T win at the polls if you let a 6-3 PREVENT BLACK PEOPLE FROM VOTING.
I know Franken is just thinking about the politics of it all, and the politics are tough. But he (and his former colleagues) MUST be made to understand that the alternative is UNTENABLE.

WE CANNOT "sit" with a 6-3 court to cut VOTING RIGHTS AGAIN, and then fix it later.
You expand the court NOW and you concede minority white rule for a generation. THOSE ARE THE STAKES.

Thank you for coming to my TedTalk.

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More from @ElieNYC

Jun 21
I'm just here (on @SCOTUSblog) so I don't get fined.
First case is Texas v. New Mexico. It's a water rights case. 5-4 Jackson opinion. Gorsuch, Thomas, Alito and Barret dissenting. I think it's the first 5-4 Jackson case?
It's generally a case about whether the Federal Government has the power to do anything... so of course Gorsuch and Thomas say no while the liberals say yes. Not sure why Roberts and Barrett split in this case (they usually don't on this issue) but... I don't *really* care.
Read 15 tweets
Jun 20
SCOTUS decisions in 10 minutes. May the odds be ever in our favor.
First case was Moore v. US. This is a big tax case that has implications on the viability of the wealth tax.
7-2 ruling, by Kavanaugh, Thomas and Gorsuch dissent, saying that Congress CAN tax "pass through" entities.
It's a win but, just from the case syllabus, it's clear that Kavanaugh is trying to really narrow it so as to preserve a challenge to the wealth tax, should Congress every get around to passing one.
Read 10 tweets
Jun 14
And we're back to SCOTUS. First opinion is in a bankruptcy case that I haven't been following and probably wouldn't understand if I was. It's a Jackson opinion with a Gorsuch dissent, which I would usually find very interesting but... bankruptcy. :(
It must be nice to understand, like, "how money works" and stuff. Or at least lucrative.
Ugh. Next case is Campos-Chaves v. Garland. Alito opinion. 5-4. This is an immigration case where the immigrant was deported despite not receiving a written notice of their deportation hearing. Of course most of the conservatives think this Kafkaesque hellscape is just fine.
Read 9 tweets
Jun 11
I want to take a short break from the jokes to just express my sympathy for Joe Biden. He's had so many family tragedies. His son has battled addiction. He's now watching him be prosecuted because of his political career. It's a really sad day for his family.
On top of all of that, he has the power to basically make this all go away for his kid, but he won't/shouldn't use it.

Biden is better at his job than I would be. As a parent, somebody is coming after my kid to get to me, and I can make it go away, I'm going to do it.
I'd pardon my kid and let my party go down in flames around me, if it were me. Especially if my kid was only being attacked because people don't like me. Best believe.
Read 4 tweets
Jun 6
Welp, it's a Supreme Court decision day in June.
First case is Truck Insurance v. Kaiser Gypsum. It's about whether an insurer can be heard in a bankruptcy case. Sotomayor, unanimous, says yes.
Interestingly, this was a case where Alito *did* recuse himself. So... he knows how to do it. He just *won't* when it comes to the insurrection.
Read 14 tweets
May 30
Folks... the people who vote for Donald Trump know he uses the n-word. THAT'S WHY THEY LIKE HIM!

Trump being caught on tape saying it is the feature, not the bug.
"I'd also be concerned about hiring a n***** to do a white man's job." --Tim Scott soon.
"Let me be very clear, I think Trump is WRONG about n*****, but Joe Biden loves 'em for some reason." --Nikki Haley upcoming press release.
Read 8 tweets

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