A SCOTUS grand bargain won't happen because Dems have little to offer

The deal would look something like this: In the Senate, which Republicans control 53-47, at least four GOP senators would refuse to confirm a new Supreme Court justice before the election, and if Joe Biden wins on November 3 they’d hold the seat open so Biden could fill it after his inauguration in January. In exchange, Senate Democrats and Biden agree not to pack the Supreme Court if they take power…

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How is a deal — a hypothetical deal that Democrats aren’t actually offering right now — tempting if the threat of court-packing isn’t permanently removed?

The threat of court-packing carries its own enormous risks for Democrats, of course. As Joe Biden has acknowledged, it guarantees that Republicans would respond in kind when they take back power. That would guarantee Roe v. Wade would be overturned. Filling the current vacancy merely presents the possibility that Roe might be pared back or overturned.

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