"Mark Joseph Stern: I've already laid out the blitz of executive actions that the next Democratic president needs to undertake immediately to undo the damage of Trumpism. But this question points toward an uncomfortable reality: To survive and endure, the next administration's agenda must be accompanied by a suite of structural reforms that will, over time, make the Supreme Court more reflective of popular will. Congress absolutely needs to add states to the union, starting with the District of Columbia and Puerto Rico."
"What do we do about the Supreme Court? Several Supreme Court decisions over the past decade under John "ball-and-strikes" Roberts have not just reinterpreted laws but have effectively rewritten the Constitution such that many Democratic priorities are now effectively unconstitutional (gun control, campaign finance regulations, civil rights). Even a trifecta with a filibuster-proof majority cannot pass laws to address these issues."
Conservative Supreme Court decisions over the past decade have effectively rewritten constitutional protections, rendering many Democratic priorities—gun control, campaign finance regulation, civil rights—difficult or impossible to legislate. Short-term executive actions can blunt some harms, but long-term structural reforms are necessary to align the judiciary with majority preferences. Admitting the District of Columbia and Puerto Rico as states would reduce Senate overrepresentation of small rural states and rebalance confirmation power. Congress can enact additional institutional reforms to ensure responsiveness. Structural changes should accompany an incoming administration's policy agenda to preserve and advance democratic goals.
Read at Slate Magazine
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