Mark Joseph Stern - It is pretty galling that the Supreme Court spent four years telling Biden "you can't..."

[In It to Win It]

Mark Joseph Stern
‪@mjsdc.bsky.social‬

It is pretty galling that the Supreme Court spent four years telling Biden "you can't do that without Congress" then allowed Trump to seize a once-unthinkable amount of power from Congress within nine months and concentrate law-making authority almost entirely in the executive branch.

When the Supreme Court struck down Biden's policies, it was tempting to think: "At least these limits on executive authority will bind Trump if he comes back into office." But no—the court's skepticism of executive power vanished on Jan. 20, 2025. This dynamic is obvious to anyone paying attention!

I think the Supreme Court and its defenders try to deny this blatant bias toward Trump by highlighting distinctions between cases—oh, you don't understand, student loan forgiveness was illegal while impoundment is permissible because [reasons]. But the big picture tells an undeniably damning story.

The best "defense" of SCOTUS' hypocrisy is that there's an asymmetry between how Democrats and Republicans wield executive power. Broadly—Dems want to give things (health care, asylum, foreign aid, loan relief, civil rights) while Republicans want to take things away. SCOTUS makes the latter easier.

This is why I think the next Democratic president needs to use the EXACT tools that SCOTUS has handed Trump. Don't leave room for any distinctions.

Impound funds for deportation. Give ICE the USAID treatment. Refuse to collect government-backed debt. Purge MAGA loyalists from the executive branch.

Could the Supreme Court still apply different rules to a Democratic president? Of course. You don't need to remind me of that. But a lightning-fast blitz that repurposes Trump's new powers for good stands the best chance of standing up in court. Democrats need to start thinking about this right now.

It is pretty galling that the Supreme Court spent four years telling Biden "you can't do that without Congress" then allowed Trump to seize a once-unthinkable amount of power from Congress within nine months and concentrate law-making authority almost entirely in the executive branch.

— Mark Joseph Stern (@mjsdc.bsky.social) 2025-10-09T14:47:23.210Z

[themaguffin]

1. Stern is absolutely right of course (as usual). The next Dem pres can't be timid.

[Scubamatt]

11. But SCOTUS

will flip flop back to how it treated Biden if we take back the White House. All the sudden, you'll hear all about "checks and balances" and the "rule of law" and "no kings." Those six are shameless and are not concerned with consistency or even the veneer of impartiality. All they care about is power. The ONLY solution is to expand the Court.

[themaguffin]

13. Yeah, no doubt. Well, the next Dem will have to push back on so many levels.

[Volaris]

18. Agreed. They WANT what trump is doing, the only way to stop them

Is to dilute their power.

[h2ebits]

40. First thing we need to do when we take it back. . . .

Expand the Supreme Court to 13 so there is one judge for each district and have this expanded court remove their ability to perform "shadow docket" decisions.

[Baitball Blogger]

2. The Supreme Court is part of the coup.

[rurallib]

3. Yep - they are there to legitimize the coup

[Baitball Blogger]

7. But it's going to backfire on them.

Since every time they ruled on something that defied precedent will be reexamined.

[rurallib]

16. Well, I would say only if we can get power to move to the left

and with less than free elections and other authoritarian moves they could block that.

But like you I am hopeful. But the American public ain't the smartest group.

[MLWR]

20. This so-called SCOTUS is hell-bent on shredding the Constitution.

The fascist six do nothing but ENABLE TACO. Several of them are outright, blatantly corrupt. If republicans were decent, honorable members of congress, they would be outraged and would impeach them.

[bluestarone]

28. 100% agree. Problem is as it stands now, THIS supreme couirt could rule

The exact opposite if there is a Democratic president, and there is not a FN thing we can do about it! (except expand the court)

[Baitball Blogger]

29. They will lose credibility and make themselves obsolete.

[bluestarone]

30. True, but these six

Have no morals or respect now. THEY don't care about our great country at all.

[newdeal2]

4. The next Dem president needs to start a pressure campaign to get some of them to resign

Unless they somehow expand the court.

[LittleGirl]

10. I believe both things should be done.

Age limits, term limits and expand to 13.

[0rganism]

5. "the next Democratic president" -- oh how I wish I shared that optimism

IMHO this regime will not be removed through voting. When it goes, it will, of necessity, be replaced by a different system: the current one has been thoroughly corrupted. The social norms and rules embraced in the founding documents have been abused and spindled to the point of becoming unrecognizable. Our system proved itself incapable of adapting to the stresses of postmodern society.

The authoritarianism will metastasize until it's torn down forcefully. It will affect our elections, guaranteed. I doubt we'll see an opposition president for many decades.

[Grins]

15. "Democrats need to start thinking about this right now."

True.

AND I have ZERO faith it will happen.

[Cosmocat]

19. Correct

they are in on the game - game being this will be one party rule moving forward.

Still remember all the sanctimonious talk about the constitution and being strict constitutionalists back in the 90s.

I was a young man but knew it was bullshit.

[Wifes husband]

25. I agree. Hope I am wrong

I have been saying for decades that republicans really want a king. They don't believe in democracy. They don't care about the working class. This all started with Regan.
I believe we are truly screwed

[RainCaster]

6. Deport the Supremes too

All those conservatives in SCOTUS need to be defunded and sent to El Salvador.

[Ponietz]

8. Next President needs explicitly to run on the illegitimacy of the Court

and promise to reform it.

[Orrex]

9. Many of us were calling for Biden to do these things a year ago

We were subjected to terse finger-wagging and petulant scolding for daring to suggest such outrageous things.

[Scubamatt]

12. Yup!!!

We were . . . we were told we needed to take the high road . . . .

[Scalded Nun]

14. I have always said to my wife,You can take 2 words and swap them in any sentence dealing with initiatives, policies,etc.

Dems - We want to do this 'FOR' the people, America, the planet, any other country.....
GOP - We want to do this 'TO' the people, America, the planet, any other country.....

And yes, I was also naive enough to think the decisions would affect future presidents equally. I did think we had a corrupt SCOTUS majority, but I had no fucking clue just how utterly corrupt and depraved they were/are. I personally believe that if we do gain a majority large enough, they have shown their documented willingness to obliterate the Constitution to the extent that they will be impeachable.

[progressoid]

17. Meanwhile, the pundits pretend that the right wing didn't scream about judicial activism for decades prior to Trump.

[kimbutgar]

21. What is so astonishing is the Supreme Court will make themselves moot by giving the orange turd a dictatorship

Without any check and balances and someday might be affected by their decisions. He could start attacking justices who might rule against him at some point and he orders them to be eliminated.

Be careful Supreme Court this could come back to bite you!

[ReRe]

22. The very first thing that needs to be done, re the SCOTUS

increase the number Justices to 13. Period. The 6 Justices, including the Chief Justice himself, who participated in the coup should be ousted. Politics should be bleached out of the SC from then forward.
IMHO, of course.

[Gimpyknee]

23. You're absolutely correct.

The opportunity to do such will not have a chance to happen until 2028 when Dems hopefully take back the presidency and Congress. They need to include this in a Project 2028 plan.

[ReRe]

26. Yes. In 2028.

The Constitution is apolitical. And like George Washington, I don't like "Political Parties." Since we do have to choose one, I am a Democrat thru & thru in my bones. But I believe in the rule of law, not the rule of politics!

[JoseBalow]

24. Project 2028

[mdbl]

27. They are no longer supreme

Just 6 compromised buffoons.

[Buttoneer]

31. SCOTUS will just reverse themselves the first time a Dem prez tries to

exercise that power.

[Shipwack]

32. There is ONE thing we must learn from Trump:

Have a plan and implement it immediately !

I want a pen and a stack of executive orders right behind the president so that the minute they take their hand off the Bible (or other tome) they can start signing things immediately.

There needs to be a line of people staged outside the White House et al. As soon as the oath is sworn they rush in and start working. Oh, and verify they can get inside ahead of time in case Trump (or whoever) changes the locks, or something. Have a locksmith, a blow torch and battering ram on standby.

For a week (at the very least) before hand have staffers stationed outside the White House with cameras. Make note of every item that is removed. Follow the trucks. On day one swoop in and reclaim the stolen art and files. DO NOT ask nicely and wait six months.

Enter the offices with independent film crews. I’m willing to bet the spaces are trashed and vandalized.

Yeah, I know this will never happen, but a man’s reach should exceed his grasp…

[RVN VET71]

33. Never assume fairness from Robert's Fascist "Justices"

They are all little darlings of the right wing who love to flaunt their partisanship. SCOTUS became partisan as soon as Roberts saw what kind of fascist vomit bag Trump wanted to make of America. Before Trump, SCOTUS was right-leaning, but managed to subdue their hatred for the Constitution. Now, with Trump and Miller getting the Congress to goose-step to their whims and orders, I think Roberts and his Court have just decided to shed all pretense about their loathing for Liberals and love for the unitary executive and utter disdain for the people of America and the democratic process.

[czarjak]

34. Like Alito declaring Roe vs Wade "Wrongly Decided"?

It's almost like a miracle or something.
You Evangelicals happy with the six Catholics deciding things?
Because you're supposed to hate Catholicism.

[Martin68]

35. Exactly.

[Wanderlust988]

36. I predict the next Dem president will redirect the tariff revenue

Towards giving people more help...health care, food aid, education support, housing support, etc. That's one way to bypass Congress and even SCOTUS.

[MarcoZandrini]

37. Expand the SCOTUS

to 13 justices. Then fill those seats with:
- former VP Harris
- NYS AG James
- Senator Schiff
- DA Willis

[Farmer-Rick]

38. The Supremes have given up on the US Constitution

They only want their little dick tater Hitler and No More of the that Democracy stuff you think America has.

[Six117]

39. 100% THIS

Unapologetically match their energy and create the version of America we want to live in.