The Founders carefully allocated responsibilities among the branches to protect citizens from governmental over-reach. The Executive Branch has flouted those boundaries throughout the Trump Presidency, with Cabinet officers finally acting not as protectors of the Constitution, but as lackeys in service to the whims of the POTUS. In Congress, McConnell has used obstruction to undermine legislative deliberation, and focused on packing of the Federal Courts with partisans – using the filibuster when not in power, and then eliminating it for most positions during the Trump era.
The Roberts Supreme Court was the last holdout in the corruption of the Founders’ intentions. That has been uneven. Roberts hypocritically criticized the House Impeachment Managers for questioning the motives of the Republican Senate in failing to call witnesses, demanding respect for the “world’s greatest deliberative body” that McConnell has corrupted. But at least in the last Court session, Roberts insisted that precedent be honored, siding with the liberal members of the bench when his conservative peers attempted to over-ride prior judgments from his court.
With the death of Ruth Bader Ginsberg, that respect for precedent and the character of the Court is at risk. If Trump and McConnell succeed in seating a conservative ideologue, Roberts will find himself on the losing side in attempting to prevent arbitrary flouting of precedent.
The only method for restoring proper balance on the Court is for a Democratic-controlled Senate to mercilessly impeach Justices for judicial over-reach. The popular expedient – expanding the number of Justices – would be a mistake. Proper functioning of the Court requires thorough probing of the constitutional issues during oral arguments. As more Justices are added, that process will become unwieldly.
No, the proper approach is to erase McConnell’s legacy, just as he and Trump have worked to erase the legacy of our most popular politician (President Obama). Set up the impeachment express, and flush all the Conservative hacks out of the judiciary.