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Wake up, Democrats, and fight back against SCOTUS by stacking the court

sketchy side eye republicans Justices Samuel Alito Clarence Thomas senator Mitch McConnell
Rob Crandall/Shutterstock; OLIVIER DOULIERY/AFP via Getty Images; Christopher Halloran/Shutterstock

President Biden spoke volumes last night contrasting himself with Trump, but he did not tell the American people what Democrats would do to counter the court's atrocious rulings.

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We officially live in an authoritarian state. If Donald Trump is reelected, he will push Monday’s immunity ruling by the Supreme Court to the brink, just like he did by pushing up against all legislative, executive, and judicial branch guardrails during his first term.

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Only a second term will have far, far worse consequences.

The court started by wiping away Roe v. Wade and ended its most recent term by throwing away federal agency provisions including long-established environmental policy, making it illegal for the unhoused to live on the streets when they have nowhere else to go, and giving presidential immunity from prosecution for “official acts,” whatever that means — except to this court, which is implying that Trump can try to overturn an election and overthrow a government.

Layer this on top of scandalous, outrageous illicit, or illegal behavior by the court’s justices, most particularly Samuel Alito and Clarence Thomas, and what you have is a kangaroo court reminiscent of a country that is far removed from the freedoms of the 21st century.

All the while, I am gobsmacked by the tepid response of Democrats and their leaders, who after every strike against our democracy, against established precedent and overt graft, go to Twitter or X or whatever it is, and whine, put out repetitive talking point statements feigning outrage, and just roll over and not even attempt to do anything.

President Biden spoke volumes last night, contrasting himself with Trump by saying he would never commit a crime and rely on immunity. He told voters what was at stake. But what he did not do was tell the American people what Democrats would do to counter the court's behavior.

The majority of Americans are outraged at this literal definition — and interpretation — of a travesty of justice. Instead of telling Americans that voting for Trump will validate this, or that “it’s Trump’s fault” as the Biden campaign pronounces, Democrats need to do something! Stop passing off the blame, stop with placid warnings. Instead, get mad. Get angry. Put some teeth into this and take a bite at the court. At least attempt and try to rectify this situation. Your adversaries look at you as toothless — all lip and tongue. Words instead of action.

If all this was happening against conservatives, if the court was liberal and going to extreme lengths, and if Mitch McConnell was majority leader, soon after the overturning of Roe v. Wade, he would have begun the process of stacking the court. That means the court would have not nine but 12 jurists, and later rulings against conservatives would have never happened.

It’s time for Democrats to play dirty. Do they think for a minute that McConnell wouldn’t screw with the number of justices to get his way? Further, McConnell would be pushing legislation to address the court’s extreme rulings. Bottom line: He wouldn’t be sitting on the sidelines whining, feigning, and rolling over.

At this very moment, President Joe Biden should be on the phone with Senate Majority Leader Chuck Schumer to discuss how to fight back in a way that at least attempts to nullify the court’s latest decisions. But I guarantee that’s not happening. They need to do whatever it takes to show that they are fed up.

The Senate needs to launch an investigation into Justices Alito and Thomas, develop legislation that puts iron-clad ethics regulations over the justices, introduce bills that address the court's atrocious rulings, and start working with the president to chart a course of adding three liberal justices.

The Democrats are twisting themselves in knots about what to do with Biden and his place at the top of the ticket, and they will be consumed by this until the convention. They just can’t help themselves by perpetuating this drama. Rome is burning in the White House, yes, but a redux of the oppressive Roman Empire is happening in real time, right before our eyes.

Our emperor, at the moment, wears no clothes. The black foreboding robes of the six ultraconservative justices are trampling their way to their own empire. They are playing the Democrats like patsies. They are laughing and paving the way for the dictatorship that is Donald Trump. They will welcome him with the U.S. flag upside down, one flag with a pine tree, and their resurgence of the Confederate flag. All glory to Leader Trump.

What’s shocking is that this court will continue its rampage to evil exclusion in its next term and beyond. It will most certainly take away our right to marry. And this is a court that believes the fairy tale of Adam and Eve, which means that it will nullify trans people in their quest for a utopian, Christian-Bible-based society.

The justices will most certainly push even further with anti-abortion measures. They will continue to take away the power of the legislative and the executive branch, sans the presidency. They will stop at nothing until there is nothing. There will be no guardrails, so Trump and evangelical Christians can be the only ones with rights in America.

Trump, if elected, will most assuredly try Biden for a high crime, related to the crimes Trump committed. He will use Monday’s decision to put away not only Biden but Obama as well. If you think that won’t happen, then you’ve been asleep for the last 12 years.

Wake up, Democrats. Stop playing nice. Stop shrugging your shoulders. At least put up a fight. Switch the rules in the Senate if you have to. McConnell was a master at getting his way. When he knew he could get away with denying Merrick Garland a hearing and a seat on the court, he knew he could get away with murder.

And now his party’s fiendish and demented presidential nominee, if elected, will also be able to get away with murder. Birds of a feather flock together.

Last week was a disaster of epic proportions for the Democrats that has stretched into this week. Trump may never go to trial for stealing documents and trying to steal an election. If Democrats — and voters — think Trump will stop at those steals, they are living in fantasy land. The court, with Trump’s help if he’s reelected, will steal democracy as fast and furious as they can.

And if Democrats don’t go fast and furious by fighting hard to change the court and laws supporting our freedom, the court and Trump will sense that trepidation. They will laugh while they trample over their weak opposition, replacing “liberty and justice for all” with “one nation, under one God, for tyranny”

Voices is dedicated to featuring a wide range of inspiring personal stories and impactful opinions from the LGBTQ+ and Allied community. Visit Advocate.com/submit to learn more about submission guidelines. We welcome your thoughts and feedback on any of our stories. Email us at voices@equalpride.com. Views expressed in Voices stories are those of the guest writers, columnists, and editors, and do not directly represent the views of The Advocate or our parent company, equalpride.

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John Casey

John Casey is senior editor of The Advocate, writing columns about political, societal, and topical issues with leading newsmakers of the day. The columns include interviews with Sam Altman, Neil Patrick Harris, Ellen DeGeneres, Colman Domingo, Jennifer Coolidge, Kelly Ripa and Mark Counselos, Jamie Lee Curtis, Shirley MacLaine, Nancy Pelosi, Tony Fauci, Leon Panetta, John Brennan, and many others. John spent 30 years working as a PR professional on Capitol Hill, Hollywood, the Nobel Prize-winning UN IPCC, and with four of the largest retailers in the U.S.
John Casey is senior editor of The Advocate, writing columns about political, societal, and topical issues with leading newsmakers of the day. The columns include interviews with Sam Altman, Neil Patrick Harris, Ellen DeGeneres, Colman Domingo, Jennifer Coolidge, Kelly Ripa and Mark Counselos, Jamie Lee Curtis, Shirley MacLaine, Nancy Pelosi, Tony Fauci, Leon Panetta, John Brennan, and many others. John spent 30 years working as a PR professional on Capitol Hill, Hollywood, the Nobel Prize-winning UN IPCC, and with four of the largest retailers in the U.S.