You said it!

Randy Barnett has an anology:

I could not agree more that the midnight nomination and confirmation of Marshall by a defeated party is an apt comparison to the midnight confirmation of Barrett. So surely we can agree that a Democratic Congress that came into office in 2021 would be eminently justified in using its explicit powers under Article III to rain fiery hell on the Supreme Court to ensure that a minority faction cannot successfully prevent the majority coalition from governing by entrenching itself in the federal judiciary.

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