General Discussion

If Dems retake the senate in November, then Alito and Clarence will announce their retirements immediately after election day, and Trump will fill their seats before the end of 2026. If Dems don’t retake the senate, then I expect Alito and Clarence to retire before the end of his term in 2028.

I don’t see any other MAGA justices heading for retirement soon- Kagan and Sotomayor are the only other likely candidates, and maybe Roberts, but I think he would take his chances that there will be a republican in the WH in 2032, or even 2036, when he would be 82.

So, Roberts is the only wild card where a Dem president might get to fill a seat held by a conservative in the next 10 years.

That would shift the majority from 6-3 to 5-4, still not be enough to overturn Dobbs, restore voting rights or strip away presidential immunity.

How long should folks have to wait?

Even with court expansion, Americans will continue to be deprived of various rights for at least another three years; without expansion, those rights remain off the table for at least a decade, likely more.

Demanding Dem candidates’ support for court expansion is in no way a “purity” test; it is an “ability to govern” test. If they seek to represent their constituents in congress, then they should take their job of legislating seriously, and not just go through the motions,

After expanding the court, all Dem legislators would be free to vote their conscience on any other bill that came to the floor. If a bill passes, the Dems could feel secure that it would be implemented, and not quickly overturned by an extremist court.