Joe Biden may not have the House, but with the Senate, he can leave his stamp on the Judiciary, ensuring that the activist Supreme Court is attenuated.
Can Biden neutralize the Supreme Court?
We learned that there are three coequal branches of government, the Executive (the President and his administration), the Legislative (the House of Representatives and the Senate), and the Judiciary (The Supreme Court and its system of courts). That was never true, especially in a purposefully polarized country. 5 Supreme Court Justices ultimately control this country.
Any laws created by Congress and signed by the President can be deemed unconstitutional by five justices to render it moot. And while there are mechanisms to impeach Supreme Court Justices, polarization and money in politics make it unlikely because the Justices are purchased ultimately by our plutocracy.
Dr. Eddie Glaude correctly applauded the President for many of his picks. He has diversified the courts.
President Biden is filling vacancies in the lower courts at a fast clip. After all, the Supreme Court cannot handle all grievances in real-time. Only the most critical cases will get to them. Otherwise, it will be adjudicated by the lower courts.
Biden is unlikely to put social and religious ideologues on the court. That is a good thing. But make no mistake, many in the Democratic Party follow neoliberal orthodoxy. And the judges elevated will be, at best, corporatists with an environmental and social facade. But it will be easier to pressure Biden’s picks than those Trump ideologues.
I urge you to read a piece I did a few years ago titled “Republicans are setting up the courts for minority rule even in a more progressive country.” It explains much.
We must get a progressive President and Senate willing to expand the court with judges not owned by corporate America. We need a Supreme Court and court system that ensures the constitution applies equally to all.
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