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rootusrootus 2 days ago

I think you should expand your line of thought. Think like MAGA in this situation. If you are a Democratic politician with no scruples and a drive to implement your agenda, what could you do? Assume for the sake of argument that you were swept into office on a tide of anti-Trump backlash and you have a majority in Congress.

You could start by passing legislation and excluding it from judicial review under Article III. After all, as you say, the SCOTUS would otherwise vote along their own ideological lines against everything you want to do. Sure, SCOTUS and others will undoubtedly howl that Marbury gives the court the right to judicial review, but you would not be the first president to ask the court "with what army?"

We are at a crossroads. Will the Democratic Party see itself as responsible for conserving the republic and push the government back towards something boring and sane? Can such a party actually get elected today? I have this suspicion that a lot of people think so, especially MAGA -- they [mostly] cannot conceive that the opposition can turn the tables and use identical tactics on them, so they feel like the current situation is a temporary but crucial win only for them, which will move the Overton window to the right. But what if there is really a sea of anger boiling below the surface right now just waiting to be tapped by a Democratic demagogue?

Could get exciting.