Every day, it seems, I read another story about a Biden administrative initiative that has been blocked by a federal court. From student loan forgiveness to climate change mitigation to transgender rights to gun regulations to immigration reform, the lower courts, mostly but not exclusively in the Fifth Circuit, are making sure that the blue team agenda is stuck in the mud. The Supreme Court is always there as a backstop, too, thanks largely to Trump and his appointees.
It’s good that the Democrats are filled with joy, but the fact of the matter is that the McConnell Project will prevent them from exercising power even if they win. Legislation–other than through negotiations over the expiration of the Trump tax cuts–will be impossible due to the filibuster, and anything the courts view as a major administrative change will run aground almost immediately. As a result, judicial reform is going to be a major topic in the next Democratic administration, whether in 2025 or afterwards.