Support legislation to expand the Supreme Court. The current Court has become so ideologically captured that its decisions are incomprehensible — not just to ordinary citizens, but to lawyers, lower court judges, and even Trump appointees trying to apply the rules the justices themselves created.
This isn't about disagreeing with outcomes. It's about a Court that applies its own doctrines selectively and without explanation. The Bruen gun test has produced rulings so incoherent that a federal appeals court struck down the domestic violence restraining order gun ban because spousal abuse wasn't illegal until 1871. The "major questions doctrine" has been invoked against exactly one president: Biden. In Mirabelli v. Bonta, the Court used a constitutional theory Republicans spent decades calling a "dangerous fiction" to out transgender students — issued on the shadow docket, without a full opinion. When a Court abandons its own principles without explanation, it isn't interpreting law. It's exercising raw power.
Lawmakers cannot predict whether legislation will survive. Lawyers cannot advise clients. A Court that operates this way doesn't just make bad decisions — it erodes the legitimacy that makes judicial authority meaningful in the first place. Expansion is the constitutional remedy. Use it.
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