To dismantle that decision, Justice Alito and others had to push hard, the records and interviews show. Some steps, like his apparent selective preview of the draft opinion, were time-honored ones. But in overturning Roe, the court set aside more than precedent: It tested the boundaries of how cases are decided.
Doing that legally is really tough: it takes a 2/3 vote in the Senate.
It’s more realistic to expand the court, which doesn’t require as many votes.
It would require legislation to expand the courts. And Democrats love the filibuster more than justice.
Are you being sarcastic?
Not in the slightest. Democrats have had the choice to codify Roe or preserve the filibuster. They chose the filibuster. They had the choice to pass the John Lewis voting rights act or preserve the filibuster. They chose the filibuster over voting rights. Every successful Republican filibuster is an example of Democrats choosing their precious Jim Crow relic excuse for inaction over the people who voted for them.
Democrats could get rid of it forever and relegate it to the shitpile of history where the it’s always belonged with a simple majority vote, but they don’t want to.
You’re using “Democrats” here to refer to the fact that they had 50/100 votes in the Senate, so even a single Democrat who objected could stop them. Manchin did that.
And if we had 55 votes, we would have 6 votes against ending the filibuster. There are always enough Manchins,
People kept saying that about climate legislation. Then they actually passed significant climate legislation despite the bare-minimum majority.
Getting a few more and better Democrats would make a world of difference in terms of what’s possible.
Got a source for that graph?
https://repeatproject.org/docs/REPEAT_IRA_Prelminary_Report_2022-09-21.pdf#page=7
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