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Democrats Spotlight Supreme Court as Key Issue in Upcoming Elections
As Election Day approaches, Democrats are increasingly focusing on the Supreme Court, seeing it as a crucial issue in their campaign. They argue that the conservative-majority court, solidified during Donald Trump’s presidency, poses a threat to policies they hold dear. Democrats are advocating for reform, particularly after years of frustration with a court they believe is more aligned with Republican agendas than with impartial justice.
One of the most discussed reforms involves curbing the Supreme Court’s power. Senate Majority Leader Chuck Schumer (D-NY) has been vocal about this, suggesting that Congress has the authority to override some court decisions without needing a constitutional amendment. His proposed No Kings Act, for example, seeks to reverse the Trump v. United States ruling on presidential immunity while also aiming to limit the justices’ power to rule on constitutional matters.
Democrats’ frustration stems from a belief that the court has shifted too far away from the concept of “living constitutionalism”—a judicial approach that adapts the interpretation of the Constitution to modern circumstances. This approach, once dominant, allowed for progressive rulings that aligned with many Democratic priorities. Now, with the court’s 6-3 conservative majority, the Democrats feel it is moving in a direction that undermines their policy goals.
Historical Context and Current Moves
For decades, Democrats relied on the court to advance their agenda on issues like civil rights, reproductive health, and environmental protections. Now, however, they find themselves on the defensive, especially after rulings like the 2022 Dobbs v. Jackson Women’s Health Organization decision, which overturned the constitutional right to abortion.
President Joe Biden, who initially opposed significant court reforms, shifted his stance after stepping down from the 2024 presidential race. He has since backed measures like binding ethics codes for justices and term limits. These proposals, though popular among many Democrats, face steep challenges, particularly because they require a two-thirds majority in Congress to become law.
Sen. Sheldon Whitehouse (D-RI), a vocal critic of the conservative-dominated court, believes that if Democrats sweep the upcoming elections, they could pass Supreme Court reform by a simple majority, bypassing the usual 60-vote threshold. The idea of imposing term limits on justices, though popular in certain circles, would likely face legal challenges.
Court Reform or Court Packing?
For years, some Democrats have championed the idea of “court packing”—increasing the number of justices on the bench to counterbalance the conservative majority. Vice President Kamala Harris has been open to the idea in the past. However, calls for expanding the court have quieted recently, possibly due to concerns that it could alienate independent voters.
(read full story) https://scotusbulletin.com/2024/09/09/democrats-spotlight-supreme-court-as-key-issue-in-upcoming-elections/
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