Laurence Tribe's 4-step plan to address SCOTUS Roe v Wade (and continuing judicial abuse)

[hlthe2b]

Link to tweet

?cxt=HHwWgMC9va3HxKIqAAAA

My 4-step plan:
1. Pass a Senate Rule by a majority vote to get rid of the filibuster.
2. Pass HR 3755, the Women’s Health Protection Act of 2021, to protect medical services including abortion the way Roe v Wade did.
3. Pass the Thirteen Justices Act.
4. Appoint 4 new justices.

[bucolic_frolic]

1. High hurdles, and #1 isn't even the hardest

Maybe he's thinking we can generate enough outrage? Could we hive off 2 or 3 GOP Senators if we make enough noise to convince them they'll lose in 2022 if they don't cooperate? So that's #2.

#3. You think that's going to pass? In this Senate? We could count on about 44 votes.

#4. You plan to slip them out like baby production lines?

Personally, I think we don't need 80 million votes this time around. I think we need 110 million votes in November. If we can do that number we can pass anything in 2023. Anything.

And I don't think we need 13 Justices. I think we need Justice term limits, and the impeachment and replacement of 5 of the current sitting Justices. They lied and they are burning the Constitution before our very eyes.

[Fiendish Thingy]

8. We need 17-21 justices, since you'll NEVER get enough votes to impeach all five

Unless more evidence surfaces on the Thomases, not even Clarence will be impeached/removed. Congress won’t impeach any Justice for perjury.

It would be far easier to expand the court than impeach even a single Justice. If we hold the house and add two seats in the senate, Tribe’s plan should be attempted (but with a larger expansion). Any Dem who opposes the plan gets primaried.

Term limits almost certainly wouldn’t apply to currently sitting justices, so not sure that is a worthwhile path…

[bucolic_frolic]

10. You'll NEVER get 17-21 justices. That wouldn't get 25 Senate votes. /nt

[Fiendish Thingy]

15. Give it a couple of years. 13 seats would be meaningless and useless

13 seats would give a vulnerable 1 seat majority against the radicals, easily erased by the death/ retirement of a single Justice during a Republican administration/senate.

The court must be expanded to enough seats to protect against the rise of radicals with a change in one seat.

A couple of years at the whims of the Radical Five, and the people will demand a large expansion, and punish those who won’t support one.

[Polybius]

18. Which 5?

And which Republican gets to stay, since there are 6?

[ShazzieB]

20. They all get to stay, because there's no way to get rid of them.

Enlarging the court and appointing judges that aren't conservative slimebags to fill the additional seats is what would change things, and I'm all for it.

I'm not sure what the number of additional justices should be. 15 would be enough to make a big difference, but even 13 would provide a needed balance.

[NowsTheTime]

2. I like it...but how do we get past step one?

[ShazzieB]

21. Elect loads more Dems to Congress in November.

Especially to the Senate. And yeah, I know it's a tall order, but we have to try. Realistically, it's our only hope.

[Novara]

3. Face it, it's a wish list

I wish to hell there was a chance in hell we could do this.

[ymetca]

4. It's a start...

And good luck getting 50 Democratic Senators to vote for any of it.

Once Stacey Abrams becomes President we might have a chance. I'll be dead by then, of course, but there's always hope!

I'm thinking a "generational change" will be required in the Senate to get them off their proverbial asses.

They all got too rich and comfy in their seats, selling this country to the highest bidders.

The Senate is the very definition of "lost touch".

[In It to Win It]

5. In the current political environment, passing a constitutional amendment seems to be

a smaller hill to climb than this plan... and both are near-impossible at the moment.

[PoliticAverse]

6. Laurence Tribe's 4-step fantasy to address SCOTUS Roe v Wade (and continuing judicial abuse)

Fixed that for him.

[Rebl2]

13. 👆

[Takket]

7. that's not a "plan". It is a "wish list"

Step 1 needs to be: Run the ever living HELL out of Roe one all fronts in the midterms and get more blue sets.

THEN, you can actually think about some of those other steps. Until you hold the house, AND nullify manchin and sinema, nothing else is on the table.

[Joinfortmill]

9. We should do this.

[TwilightZone]

11. That's not a plan; it's a pipe dream.

It would be helpful if people like Mr. Tribe would provide some realistic solutions. I know that many on DU respect pretty much everything he ever says, but this is not helpful in the least. It just gets people jacked up for no reason.

[TheBlackAdder]

12. Sinemanchin or Joztyn, or however the fuck celeb couples are named, will probably have a say in it.

[Rhiannon12866]

14. Twitter replies:

Link to tweet

Link to tweet

[Martin68]

16. I have one question. What is to stop each change in regime from adding more justices every time?

Last edited Sun May 8, 2022, 10:38 AM - Edit history (1)

Is that really a solution? I think bucolic frolic is right. We need to win elections.

[Demsrule86]

24. IMHO, winning elections is the only solution.

[TwilightZone]

26. We don't bother thinking that far ahead.

The same argument applies to getting rid of the filibuster, of course.

[stopdiggin]

29. +1. it's surprizing how little ... -(nt) -

[bringthePaine]

17. just that simple

[Pepsidog]

19. Plan? What plan? Reminds me of all those unfortunate souls emerging from the trenches in WWI racing

into “no man’s land” only to be cut in half by machine gun fire after a few steps. That was a plan, a real shitty plan that ignored the fact that German machine gun fire was waiting to cut them down. This plan ignores the fact that our own party can’t get rid of the filibuster. Maybe if we pick up some Senate seats this plan makes sense.

[TreasonousBastard]

22. Expanding the Court is a no brainer since we now have...

13 more states since the Constitution was written with a voting population then less than the population of Brooklyn.

Minorities and women can now vote, but seem to have no more say than they had 200 years ago.

The first, and maybe only, problem is getting the elections straight. We used to have a problem with the spoils system and political machines. Now we primarily have a problem with plain ol' cash running elections, and the money often just cuts out the middle man.

A political office rarely pays enough to attract people who make vastly more outside. So, they make up the difference in other ways-- maybe the power, maybe the connections, or just pocketing cash. We are lucky when we get a good one, as Plato warned us 2500 years ago.

Be that as it may, if we do manage to get a working Congress some day, maybe we can actually rein in csmpaign funds and address the real voter security.

[Demsrule86]

23. Laurence Tribe is smart right? Exactly how does he think we do this now? If we can win

the midterm...I think we can. We don't have the vote right now.

[Alhena]

25. Pie-in-the-sky crowd-pleaser demagoguery, we need realistic solutions

We don't have 50 votes to get rid of the fillibuster, and I doubt we even have 45 to pack the court. So much for Tribe's plan.

[stopdiggin]

30. yeah. not sure why we're even discussing ..

for all the respect many have for this man ...
I've heard more plausible schemes put forth in college dorm rooms.

[DemocratSinceBirth]

27. Impractical

[lastlib]

28. Create a National Court of Appeals.

Pack it with about 25 good progressive judges. All appeals go there. Strip the Supreme Court of all jurisdiction except its constitutional original jurisdiction. Clarence PubicHair gets his naps, Kavanaugh can stay black-out drunk, and Amy can do whatever handmaids do. Alito can just proceed with self-fornication, and Roberts can watch it all.

[dlk]

31. The plan looks great on paper

With Manchin & Sinema…