Mark Joseph Stern: I've already laid out the blitz of executive actions that the next Democratic president needs to undertake immediately to undo the damage of Trumpism. But this question points toward an uncomfortable reality: To survive and endure, the next administration's agenda must be accompanied by a suite of structural reforms that will, over time, make the Supreme Court more reflective of popular will. Congress absolutely needs to add states to the union, starting with the District of Columbia and Puerto Rico.
It's only when you get to the Supreme Court that you see these problems start to arise. And it's the use of, this overuse of the shadow docket. You know, by taking these cases and decided them, essentially deciding them, without hearing any oral argument, with any adequate briefing. You know, deciding these really important matters in that way challenges the legitimacy of the court and does an untold amount of damage to the fabric, legal fabric of this nation.