We won’t know if the conservative majority on the Supreme Court intends to use its bogus “major questions” doctrine against the far right until later this year. We already know, however, that the combination of “major questions” and the filibuster will make it impossible for the Democrats to govern effectively if they win the 2028 election. How can they deal with this problem?
They have two choices: abolish the filibuster and engage in the constant process of legislating that SCOTUS appears to have in mind; or either ignore unfavorable Court decisions or limit them to the actual parties to the case. Trump may well set the precedent for the latter option if he loses the tariff case and is ordered to provide refunds.
This will be one of the biggest issues in the 2028 primaries. After Trump and “major questions,” there can be no going back to the McConnell version of the Constitution, regardless of the risks.