If Democrats want norms back, they need to take some losses too

“If SCOTUS rules on regulation without a hearing or argument, the administration should simply ignore it and state that, in the absence of a normal process judicial review, it sees the court’s judgments as advisory but not binding,” Will Wilkinson tweeted to some approval on the left. (It is not uncommon for the Supreme Court to respond in this manner to an emergency application.)

There is a legitimate debate to be had over the power of the Supreme Court and the scope of judicial review, and it is important for the democratically elected branches to have recourse if the justices overreach. The current 6-3 conservative majority has many liberals who were heretofore pleased with the court’s abortion policymaking, for example, questioning the institution’s legitimacy.

Still, this seems pretty shortsighted from people who have spent the last four years decrying the erosion of political norms under former President Donald Trump. Trump could potentially become president again. Do you want him ignoring the judiciary?