If a promise that every Republican Senator made four years ago not to do what they just did meant nothing, why in the world would Democrats care about something said 75 years ago?
Start by dismantling precedents such as Roe that took major issues away from the voters without any support in the constitutional text, and only then do we remove those incentives.
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There will always be cases decided that some faction thinks was a usurpation of Congressional or executive or state authority. Can’t remove that incentive; so instead make it less predictable whether an individual justice will imperil/rescue a precedent.
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Elsewhere I suggested that a court expansion to achieve partisan balance, together with a new system of deciding cases by smaller, randomly selected panels, would take away some of that reliance on individual ideology, as it would be unpredictable for a given case.
End of conversation
New conversation -
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And Brown v. Board.
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