Staunch liberal, hopeful Georgist, moderate intuitionist. Hoping to one day pass on an even better world than the one I inherited. Retweet =/= Endorsement
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That is the framework we must work with if post-Trump Reconstruction is to build a lasting constitutional settlement and not just be another pause before we're right back to square one with the next traitor and tyrant. And that can not happen with his judicial enablers still in unchecked power.
Trump is not just a bad president. He's the Confederacy in control of the White House. Not merely an administration violating the Constitution in this or that particular matter, a regime fundamentally without legal validity in all respects whatsoever. A rebellion against the supreme law of the land.
And if you don’t like court packing, there’s always the other explicitly textual tool Congress has: jurisdiction stripping. Cut them down to deciding nothing more than original jurisdiction fights over water allocation on the Colorado river. I don’t think that’s the better route but it’s there.