this post was submitted on 26 Jun 2026
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I think revolution can be accomplished without violence, at least until the ownership class resorts to violence to retain their wealth and power, at which point violence is thrust upon us.
As Nelson Mandela put it, A freedom fighter learns the hard way that it is the oppressor who defines the nature of the struggle,and the oppressed is often left no recourse but to use methods that mirror those of the oppressor. At a point, one can only fight fire with fire.
Although Elie Mystal noted if a Democratic triumvirate were to strip SCOTUS of jurisdiction (they can do that without a Constitutional amendment) then SCOTUS might declare that law unconstitutional (it's not, but this SCOTUS doesn't really care) and then we can have a situation where some states think the court's rulings are legit, while others think they're not, and states might be willing to go to war over it.
Easier and less ambiguous solution would be to expand the size of the court and appoint new justices (it has been done in the past). Add 5 more justices to the court, all hand-picked left-leaning nominees, and the fascist elements of the court could be indefinitely neutered without any legal ambiguity whatsoever.
Or just impeach and remove the problematic justices. Several of them already have plenty of evidence to support impeachment for corruption.
There are a number of ideas to help regulate the power of the court. Adding more members is a popular one, but that isn't going to prevent Leonard Leo and the Federalist Society from conspiring to pack the court again with ideologues, partisans and corrupt crooks (looking at you, Clarence Thomas).
And impeaching and removing a justice is as difficult as impeaching and removing a president, which is to say, nearly impossible.
One option is to add a lot of new justices, like bringing the total to one hundred. A small number of them would bench a committee to choose the cases to be heard, and then for each individual case, six to nine of the pool would be tapped to hear it, the way that the other courts operate. That way it takes a lot more effort and resources for corporations and billionaires to bribe all the justices. It's also a lot harder for organizations like the Federalist Society to dominate the court. (They'll try, but it'll be evident they are trying long before it creates an unbreakable veto on the rest of government.)
Currently, legal experts are looking at a multi-pronged approach, installing term limits (that will require a constitutional amendment), adding judges, and chartering a mandatory code of ethics enforced by congressional committee. I'm afraid that doing these three will not be enough, and it won't fix the problem quickly enough.
We're beyond mild reforms of the Supreme Court. We need to break it, and then create something else new in its place. And stripping it of its jurisdiction as the last court of appeals that decides constitutionality, will go far in that effort.