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July 31, 2023

The radical left is in a blind rage over rulings from the new Thomas Supreme Court.  It was bad enough when the Supremes told them they don’t have a constitutional right to kill their babies, but now it’s telling them they can’t be racists, either.  The Court is clearly intent on imposing tyranny and eliminating our most basic rights — which are not actually written in the Constitution, but have been emanating for 50 years from a penumbra that only liberal justices can see.  They’re screaming that something must be done about this constitutional crisis.

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They tried two years ago to eliminate the Senate filibuster to pack the Court.  But that didn’t work because a couple of Dems learned a lesson from Harry Reid’s leadership and realized there may be a few unintended consequences they wouldn’t like.

So the radicals put their thinking caps on and came up with a creative solution.  Just tell President Biden to ignore the Court.  Joe being Joe, he might actually do it.

Professors Mark Tushnet (Harvard Law) and Aaron Belkin (San Francisco State University, political science) sent an open letter to the Biden administration

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urging that it endorse and take steps to implement popular constitutionalism as a response to what the President has described as “not a normal” Supreme Court.

They rationalize that extra-constitutional measures are necessary because

the threat that MAGA justices pose is so extreme that reforms that do not require Congressional approval are needed at this time, and advocates and experts should encourage President Biden to take immediate action to limit the damage.

There’s surely a MAGA emergency loophole in the Constitution somewhere — if Merrick Garland would just look hard enough.

Their advice?

The central tenet of the solution that we recommend — Popular Constitutionalism — is that courts do not exercise exclusive authority over constitutional meaning. In practice, a President who disagrees with a court’s interpretation of the Constitution should offer and then follow an alternative interpretation.