Democrats Now Control the Future of the Supreme Court
Summary
Harvard law professor Noah Feldman analyzes how the Democrats' midterm victory empowers them to block Republican Supreme Court nominees, potentially leading to a liberal majority through attrition by 2028. He discusses the risks of court packing and jurisdiction stripping, arguing that patience is preferable to delegitimizing the institution. Feldman also predicts significant interbranch conflicts as Congress uses oversight and funding constraints to challenge President Trump’s unilateral actions on trade and foreign policy.
Topics discussed
Intro: Midterm election impact on the Supreme Court
The 2016 Garland nomination precedent and court shrinking
Supreme Court reform options: ethics and court packing
Jurisdiction stripping as a reform tool
Liberal recapture via attrition vs. delegitimization
Pressure on Justices Alito and Thomas to retire
Expected interbranch conflicts and congressional oversight
Trump's compliance with court orders and impeachment risks
Trade policy and the role of the courts
War powers and congressional funding constraints
How Trumpism has changed the Supreme Court's operation
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