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Penny Rosenberg@pennyrosenberg.bsky.social |
It will take generations to replace the current court — and that’s assuming no bad actor ever gets elected. I also don’t believe Biden or his successors will have the political fortitude to expand the court. Nor do I believe a constitutional amendment is possible.
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Penny Rosenberg
@pennyrosenberg.bsky.social
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So the bench (and appellate bench) should take a cue from the defense bar’s playbook and beg for judicial nullification in the meantime. SCOTUS’s power has no effect if the rest of the judicial branch says ninny-ninny-ninny. Related thought: political enemies should stay out of the 5th Circuit!
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