AOC: Democrats could fix the Texas abortion law by ending the filibuster and packing the Supreme Court

AP Photo/Cliff Owen

As Allahpundit pointed out this morning, the instant reaction to the Texas abortion law from many on the far left has been to call for Congress to pass the contents of Roe into law, thereby overruling the Texas law and any other state that might try something similar. The problem is that you can’t pass Roe via reconciliation which means Democrats would need 60 votes, not 50 plus the Vice President. Of course there’s a way around that problem too: terminate the filibuster.

But even if you do that it’s not a sure thing. Again, as Allahpundit pointed out earlier, you’d surely lose Sen. Manchin in a vote to codify Roe and that means you’d be forced to find a Republican willing to become the very lonely GOP vote to pass it. And that’s assuming you could even find enough votes for it in the House which I suspect would not be easy. If it did pass you can bet Democrats would lose the House next year and maybe the Senate too.

But AOC has a workaround for all of those problems, one she recommended on Twitter last night. End the filibuster and then expand the court.

As Fox News points out, AOC wasn’t alone:

There’s lots more of this out there today but you get the idea.

The advantages of this scheme (to Democrats) are obvious. If they can end the filibuster and pack the Supreme Court with four more progressives justices then the new, left-leaning Court could do all the heavy lifting on restoring Roe and ending the law in Texas. And since the Supreme Court would be doing it and not congress, the election of a GOP House and Senate wouldn’t be able to undercut it as they would a mere codification of Roe passed by a Democratic congress.

Not to mention that a left leaning Supreme Court would come in handy for lots of other things Democrats would like to do. After all, the Court recently ruled the Biden administration must reinstate Trump’s Remain in Mexico policy. Adding a few progressives justices to the Court would solve that problem too.