A thoughtful article in the latest issue of The New Republic discusses what the Democrats should do after the election (assuming of course that they win the presidency and the Senate).
The article argues against "court-packing" by adding justices, as this will only serve to make the Court even more partisan than it already is. Rather, Congress should limit the jurisdiction of the federal court system. One way to do this would be to require a "super-majority" for invalidating a federal law.
How the Court handles the ongoing challenges to state election laws will determine the attitude the Congress will take next year. Will the Court do the right thing and let validly-enacted state election laws be enforced? Or will the Court take an "activist" approach and invalidate state laws? And, most scarily, will the Court uphold state laws enacted by Republicans, and strike down state laws enacted by Democrats?
Time will tell.
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