President Kamala Harris would be able to fix SCOTUS more easily than you think

So let’s say Kamala Harris becomes President. Fantastic! Then what? We still have a broken and corrupt Supreme Court to deal with. So how would she go about fixing SCOTUS? There are actually ways, and while one would be tricky, the other is actually very simple.

The most fun option would be Supreme Court expansion. But that’s a very complicated process that would require a number of things to fall into place. Should we push for it? Absolutely. 100% yes. But even if it ends up not being possible, this Supreme Court would still end up falling by the wayside.

Why? Because no one lives forever. Clarence Thomas is 76. Samuel Alito is 74. In four years they’d be 80 and 78. In eight years they’d be 84 and 82. More likely, by the end of Kamala Harris’ full presidency, they’d both be deceased. All that Harris would then have to do is replace them both with liberal Justices, and suddenly the Supreme Court would have a legitimate 5-4 liberal majority. It’s that straightforward.

Waiting for two geezers to kick the bucket is not exactly a fun sounding strategy. But it is a strategy. We really are just a matter of Thomas and Alito passing away of old age, or becoming too ill to remain on the bench, from turning the Supreme Court into something legitimate. Then a 5-4 liberal Supreme Court could start to undo every corrupt and extreme thing that this Supreme Court has done.

There is a caveat. In order to fill any Supreme Court vacancies, President Kamala Harris would need a Senate majority. As I keep pointing out, the 2024 Senate map is a tough one for the Democrats. But if they win the Senate races they’re slightly favored in, and if they win the toss-up race in Montana (Jon Tester), that would give the Democrats a fifty seat Senate majority. Then in 2026, which has a more favorable Senate map, the Democrats could expand their Senate majority.

In any case, simply electing President Kamala Harris (and a Senate majority) will likely be enough to fully bring the Supreme Court under control. It won’t happen immediately, but unless Thomas and Alito live well past their expected lifespans, it will happen. In the meantime we’ll strongly push for Supreme Court expansion. But remember, we would also need a Senate majority for there to be any hope of expanding the Supreme Court. So once again, it comes down to getting Jon Tester reelected in Montana. You can donate or volunteer for his campaign here.