There is an unspoken reason why the upcoming election must result in Democratic Party control of the House, the Senate, and the Presidency. Such an outcome would permit the Congress to increase the number of Supreme Court justices to eleven and permit a reelected President Biden to appoint two moderate, center-left justices. This would end the conservative supermajority while preserving a conservative majority of one vote. The Supreme Court makes it possible for Congress to avoid difficult political decisions. Rather than carry out their legislative responsibilities, Members of Congress find it easier to punt to a court whose members have lifetime tenure, whose decisions are final, and who, therefore, pay no political price. This is what Congress did following the court’s judgement for the plaintiff in the 1973 case, Roe v. Wade . Congress failed to follow-up by codifying the ruling...
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