The Corner

Law & the Courts

Pack the Court with Underpants Gnomes

The remarkable weakness of this Slate piece in favor of destroying the Supreme Court bolsters my suspicion that, while the idea is historically monstrous and all who favor it should be disdained, the chances of it actually happening are slim.

The argument here seems to be that (1) the public is against it, and (2) so are key Democrats, so (3) Biden is hedging because he doesn’t want to lose the election, but (4) if he waits, it won’t happen, so (5) Democrats have to “strike” now, and (6) no, we won’t explain how any of that works.

Readers of Lithwick and Stern will be accustomed to the almost total absence of legal analysis within their work. I’m pleased to see that this approach now extends to strategy.

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