Jacob Levy observed recently that Republicans are placing such a high priority on ramming through another neoconfederate — unemployed? they don’t care — so that they have something to show for being Trump’s boot polishers:
Those who cheerfully endorsed or cynically tolerated the last 4 years of assault on the rule of law, the separation of powers, due process, and procedural norms all for the sake of judicial appointments might feel that the price they paid increases their claim on that 6th seat…— Jacob T. Levy (@jtlevy) October 11, 2020
That doesn’t mean there’s no grounds for worry about breaking this norm. But four years of the cynical anti-anti-Trump posture of the #ButGorsuch-ers makes it hard not to end up being anti-anti-court-packing. That seems to be where Biden is, or where he’s on his way to.— Jacob T. Levy (@jtlevy) October 11, 2020
The best reason for judicial reform is that it is utterly illegitimate for a minority faction to try to impose a massively unpopular policy agenda on a country that has rejected it in 7 of the 8 last national elections through the federal judiciary, and no governing majority in American history has ever accepted it. But the fact that it would leave Republican senators who refused to perform any oversight over the worst president in American history with pretty much nothing to show for it is also an excellent and sufficient reason.
In related news, this is the last day or two when donations to David Shor’s high-impact Senate list will be really useful.