Support Supreme Court expansion. 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 its rulings. That's not a Court doing law. That's a Court doing whatever it wants.
The evidence is damning. In Bruen (2022), the Court invented a historical test for gun laws that a dozen federal judges — including Republican appointees — have publicly said they cannot understand. The Court used the shadow docket to declare that public school teachers must out transgender students to their parents, without even issuing a full opinion. Justice Kavanaugh has now argued that the 14th Amendment's birthright citizenship guarantee no longer applies — a living constitutionalist claim that contradicts everything Republicans have said about originalism for decades. These aren't controversial decisions. They're arbitrary ones.
When a court cannot tell a plausible story about why it ruled the way it did, it loses the legitimacy that makes presidents and congresses yield to it. Expansion is the constitutional remedy. Congress has the power to act, and the moment to use it is now — before more rights are erased by a Court that has abandoned any pretense of principled reasoning.
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