Oh boy, here we go with this shit.
“Third Way, the center-left think tank, is urging moderate Democrats to back common-sense reforms to prevent the left from pushing court expansion, an unpopular position that could motivate the G.O.P. base and alienate independents,” reported Puck News. “Instead, Third Way executive Lanae Erickson is suggesting that Dems pass legislation that would place 18-year term limits on justices—a cadence that would eventually lead to the appointment of two new justices every presidential term.”
Let’s call this a “yes … and?”situation. Term limits are a fine idea for judges, especially when coupled with strict ethics reforms, which Sen. Sheldon Whitehouse of Rhode Island, who sits on the Senate Judiciary Committee, is ready to unleash if Democrats win the Senate this November.
But term limits aren’t enough, and I’m not sure where the notion that court expansion is “an unpopular opinion” is coming from. A recent Marquette Law School poll paints a different picture:
Yes, term limits and ethics are overwhelmingly popular
Yes, term limits and ethics are overwhelmingly popular and should be the first step. But expanding the court is still supported by a majority of Americans. Is it contentious and controversial? Of course. Republicans won’t surrender their ill-gotten Supreme Court gains lightly. But it’s a divided country, and attitudes toward the court are aptly aligned with our nation’s partisan split.
There is no reason that Democrats shouldn’t expand the court if given the opportunity.
The stakes are simple: Democrats can pass all the popular legislation they want, but it means little if a right-wing Supreme Court can simply strike it down—and continue rolling back rights that Americans have relied on for generations. And no, there’s no shrugging their shoulders about it. Democrats can’t simultaneously claim they’re powerless because of the court and also refuse to use the constitutional power they have to reshape it.
Despite this, Third Way has been surprisingly progressive
Despite this, Third Way has been surprisingly progressive of late, embracing an economic populism that includes dramatically expanding affordable housing, taking on entrenched corporate interests, and even declaring healthcare a “basic human right” while pushing automatic coverage for everyone.
This cautious approach to the Supreme Court is a return to an earlier era for the organization, and it’s not a good look.
