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If the Dems somehow pull off the trifecta

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The first thing on Harris’s list needs to be legislation to expand the SCOTUS by at least three four seats. I know the chance of getting something like that through the Senate that would exist (50/50 seat split is pretty much the best case scenario at this point; Cruz is looking vulnerable but I assume the Texas GOP will straight up steal that election if necessary; EAIAC on meth) are not good to put it mildly, but nothing is more important than curbing the enthusiasm of an institution that now seems to exist for the purpose of making the most radical versions versions of legal realism and critical legal studies seem like naive understatements.

Having just read Trump v. United States for class, and then immediately afterwards Jack Smith’s brief to the federal district court, I’m struck by how what in a slightly less insane legal universe would be the most obvious question to the SCOTUS — what if granting blanket immunity to an ex-president for criminal acts emboldens a future president to do something potentially system-destroying, like trying to overthrow the government after losing an election? — would still be a hypothetical example put forth by the government’s lawyers in their argument, as opposed to WHAT ACTUALLY HAPPENED IN THE CASE BEFORE THE COURT.

Also too, this election is among other things a straight up referendum on whether Donald Trump should be sent to prison by the federal government. Any claim that Harris should drop the prosecution or even pardon Trump — and there will be many of course — requires overlooking that to the extent voters are voting on any specific question, they’re voting on that. Anybody who fails to recognize that, especially if they’ve even glanced at the documents I reference above, is either a liar or an idiot.

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