the problem with that argument is that this court is so brazenly corrupt and anti-constitutional that the status quo is becoming increasingly intolerable. Even the tit-for-tat scenario you lay out is probably, at this point, preferable to the entrenched, unaccountable, corrupt majority with their lifetime appointments. A brief period of judicial warfare/instability of that nature, ending in a negotiated settlement that lowers the stakes of these appointments, probably leads to better outcomes in the long run than hoping for the stars to align for a Dem trifecta to accomplish something like what happened in Trump’s first term to entrench a generational supermajority that is radically and consistently out of step with the popular will. It has to start with court expansion and/or reconstitution together with jurisdiction stripping. The sophist six have grown drunk with power they’ve usurped from the other co-equal branches and they need to have their proverbial wings clipped and be brought to heel
Not sure who the audience is for this comment.
Certainly Republicans are not going to rewrite and reauthorize any kind of Voting Rights Act without tremendous pressure from Democrats and the public.
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To the extent that Rs take the notion that Ds might increase the size of the Court seriously, what prevents them from doing it themselves right now, or in the immediate aftermath of the midterm elections? Ram through the legislation, then ram through three young Trumpists. I think Ds have to do this, if they ever have control of the Congress and the White House. But I’d expect a preemptive expansion and some fast confirmations by Rs.