Here's how to fix the Supreme Court

For decades conservative Republicans have focused attention, resources and organizing on reshaping America's courts, on a scale progressives have never dreamed of. But now, with the complete capture of the Supreme Court by a conservative supermajority, and a series of stunning rulings last term — most notably the Dobbs decision, overturning Roe v. Wade — that could finally be about to change. With the House of Representatives now in Republican hands, there's no prospect of a congressional response in the next two years, but that's all the more reason for developing strategies and organizing for action in anticipation of regaining the power to act in 2025. 

Mitch McConnell's blatant theft of two Supreme Court seats has justifiably thrust the idea of court expansion to the fore. While sleepwalking centrists stifled any action in Biden's first two years, the high court's increasing recklessness has dramatically eroded support for the current institution, renewing the possibility for significant reform, particularly since the recent rulings sharply threaten growing popular movements in the Democratic Party's base. But what kinds of reform will actually work remains unclear.

Historical arguments have mostly focused on Franklin D. Roosevelt's abandoned effort at court expansion from the 1930s. Although that failed, it nonetheless altered the court's jurisprudence, saving New Deal legislation as Roosevelt had wanted. Furthermore, both the suddenness of Roosevelt's action and its abrupt abandonment are distinctly at odds with our current situation.