The Blatant Corruption of the Supreme Court Must be Addressed

If not addressed now, our democracy is destroyed

Up to now I was hoping that we could pretend the Supreme Court remained a fair & thoughtful institution while we waited for Thomas & Alioto to retire or die. When all of our democratic institutions are under attack, with many failing, we need some fundamentals that we can believe in.

But the decisions Friday and today make it clear that we can no longer play the long game. Today’s decision makes the President an absolute monarch (the last thing the founding fathers envisioned). And it’s clear they will also be willing to make any decision they want when Trump’s voting lawsuits are sent to them in November.

The country will not survive with this court, nor with these decisions.

Desperate times call for desperate measures. Wishing otherwise means if not the loss of our democracy, a tremendous degradation of it. We become, at best, a democratic autocracy. Ask Hungary & Turkey how that’s working out. And that’s the best case.

Here’s what I think should be done.

First, Jack Smith pauses his investigations saying that the Supreme Court has made it impossible to charge a President and Cannon has made it clear she has no intention of every allowing the case she controls to go to trial.

Second, he then writes up his report of the cases, which is required when the investigation ends (there is no official pause option). In it he lays out in detail all that he has found and what he was planning on charging Trump with. Yes that will make it harder to eventually prosecute, but what’s important is to get this in front of the voters before the election.

Garland immediately releases the reports in full.

Third, Biden nominates 4 new Supreme Court nominees, specifically to counter Thomas & Alioto. And he sells it as addressing the blatant corruption of both. He also offers to not do so if they resign. And he explains why, if they stay on the court, he needs to appoint 2 justices to essentially nullify each of them.

Fourth, Biden at the same time proposes detailed legislation, including a constitutional amendment, that statutorily sets the Supreme Court at 9 members, each serving an 18 year term. He makes it clear that the increase is a temporary expedient to address the issue of two venally corrupt members and his goal is to return to 9 members.

Fifth, the Senate rams through approval of those 4 justices quickly. If that works for Mitch McConnel & the Republicans, then it’s fair for Chuck Schumer & the Democrats.

Sixth, the administration then asks for an emergency stay of the recent rulings.

I wish this nuclear option was not necessary. The Republicans have torn down so may of out guardrails and it’s awful to have to do the same here. But if we don’t do this, then I think, regardless of who truly wins in November, the Supreme Court will anoint Trump as our new Emperor. And we’ll then have no recourse.

Unfortunately politics is often going for the least bad option.