There was one big winner last week who didn’t appear on the ballot: John Roberts. Court packing is dead, the Biden Judicial Commission won’t accomplish anything without the leverage created by the packing option, and the Court will apparently be spared the trouble and notoriety involved in deciding a case that could throw the election to Trump. The Court’s legitimacy consequently survives, and the GOP appointees are free to do as they like. How will they respond?
Here are my predictions:
- ABORTION: There is no possibility of a national ban on abortion for the next four years. That may embolden the majority to dispense with Roe altogether, although that remains to be seen.
- ACA: Lindsey Graham and other GOP members of the Judiciary Committee have given them a permission slip not to kill ACA. I will discuss this further in my next post.
- EXECUTIVE BRANCH ACCOUNTABILITY: Look for Thomas and Alito to make a U-turn on this issue now that their man is out of office.
- CLAMPING DOWN ON ADMINISTRATIVE AGENCIES: We won’t see this for at least a year or two, but it will present a major problem for Biden down the road.