To court packing supporters on atlas. (user search)
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  To court packing supporters on atlas. (search mode)
Pages: [1]
Poll
Question: How many new justices do you want if Trump gets his pick through?
#1
2(goes up to 11)
 
#2
4 and more
 
#3
Don't support court packing.
 
Show Pie Chart
Partisan results

Total Voters: 146

Author Topic: To court packing supporters on atlas.  (Read 7483 times)
Mike Thick
tedbessell
Junior Chimp
*****
Posts: 7,084


Political Matrix
E: -6.65, S: -8.26

« on: September 19, 2020, 02:37:56 PM »

Let's be real: we aren't getting more than two. Dem institutionalists are already going to be apprehensive about any expansion. Can't imagine they go for anything more than maintaining the (crappy) status quo.

In an ideal world, though? 13.
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Mike Thick
tedbessell
Junior Chimp
*****
Posts: 7,084


Political Matrix
E: -6.65, S: -8.26

« Reply #1 on: September 20, 2020, 04:04:22 PM »

Relevant article

https://crookedtimber.org/2020/09/19/the-supreme-court-and-normcore/

Quote
What this means, pretty straightforwardly, is that norms don’t just rely on the willingness of the relevant actors to adhere to them. They also rely on the willingness of actors to violate them under the right circumstances. If one side violates, then the other side has to be prepared to punish. If one side threatens a violation, then the other side has to threaten in turn, to make it clear that deviating from the norm will be costly. A norm governing relations between two opposing sides, where one side acts strategically (to exploit opportunities) and the other naively (always to support the norm) can’t be sustained.

The Levitsky and Ziblatt logic suggests that democratic breakdown is a process of unraveling, whereby tit for tat dynamics lead to accelerating norm breakdown and the breakdown of ordinary politics. That is indeed a plausible dynamic, and one can tell a story of judicial confirmations in which Republican move and Democratic countermove have led to increasingly brutal power politics.

But as the game theory suggests, tit for tat may play a crucial role in norm maintenance as well as norm breakdown. Without a willingness to punish, we end up in the McConnell equilibrium, where one side concocts ever more extravagantly contrived normative justifications for doing what it wants to do, while the other issues grave statements deploring the breakdown of civilty. That is not precisely a recipe for norm maintenance either, unless by “norm maintenance” you mean a mere preservation of outward forms and decorum – something far feebler than either Levitsky or Ziblatt advocate as I understand them.
Logged
Mike Thick
tedbessell
Junior Chimp
*****
Posts: 7,084


Political Matrix
E: -6.65, S: -8.26

« Reply #2 on: September 20, 2020, 10:01:34 PM »

Why would Trump take a deal? What can Democrats realistically offer him that 6-3 SCOTUS won't implement in a few years anyway, or that outweighs what 6-3 has to offer? This is a chance to basically cement the judiciary as a second legislature which works to undermine progressives and gut the government no matter who wins national elections, probably for a generation or more. I can't imagine what Dems could give up that outweighs that.
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