While we may be used to giving the Supreme Court an extreme amount of deference, that isn’t how our system of government is supposed to work.
Remember how essential checks and balances are supposed to be in our Constitutional framework? The Washington Post’s Jamelle Bouie explains that the other two branches of our federal government are not powerless to respond to a radicalized Supreme Court doing the Federalist Society’s business:
It can impeach and remove justices. It can increase or decrease the size of the court itself (at its inception, the Supreme Court had only six members). It can strip the court of its jurisdiction over certain issues or it can weaken its power of judicial review by requiring a supermajority of justices to sign off on any decision that overturns a law. Congress can also rebuke the court with legislation that simply cancels the decision in question.
In the face of a reckless, reactionary and power-hungry court, Congress has options. The problem is politics.
That’s spot on. Democrats have shown little appetite to fight the battle in front of them.