Adding A 10th Justice To The Supreme Court

How the Democrats could fight back [View this email in your browser]( [Politics Brief from WNYC + Gothamist] [Keep friends and family informed. Forward the Politics Brief.]( Are Three Branches Of The Federal Government In Play This Election? By [James Ramsay]( [a close-up of the U.S. Supreme Court building]( Patrick Semansky/AP Republican Sen. Mitt Romney [announced today]( that he'll "consider" President Donald Trump's nominee to replace the late Justice Ruth Bader Ginsburg, all but ensuring that a new conservative justice will join the Supreme Court before Inauguration Day 2021. It's possible Trump's nominee could even be confirmed before the election — the president said he plans to announce his pick on Saturday. But on [the latest episode of The United States of Anxiety]( The Nation's justice correspondent Elie Mystal said it's more likely that Republican senators will wait until the lame duck period between November 4th and January 20th. "It makes sense for Republicans to hold the seat open through the election, see if they can gin up some Republican base voters to come out and reelect Trump," Mystal said. "And if they lose the election, what do they have to lose by pushing through a nominee during the lame duck?" For Democrats who believe, as WNYC's Jami Floyd put it, that "we are talking about a battle for the soul of our democracy," there are two steps to fighting back. (What Republicans are doing is completely legal.) The first step for Democrats would be to win the presidency and flip the Senate in November. Several Republican-held Senate seats — including ones in Maine, Colorado, Arizona, and North Carolina — are [considered tossups or even tilting blue](. Democrats would need to gain at least four seats to have a majority in the chamber. Step two would then be for Democratic senators to scrap the filibuster and add a 10th seat to the Supreme Court's bench, allowing hypothetical-President Joe Biden to nominate an extra judge. "If Sen. McConnell and Senate Republicans were to force through a nominee during the lame duck session — before a new Senate and President can take office — then the incoming Senate should immediately move to expand the Supreme Court," [tweeted]( Rep. Jerry Nadler, who represents parts of Manhattan and Brooklyn. Elie Mystal agrees. "I do not think that the Democrats can bluff here," Mystal said. "If the Republicans decide to seat a Supreme Court nominee before the inauguration, the Democrats have to be willing to play hardball, and have to be willing to expand the number of justices on the Supreme Court. That is the only play." The number of Supreme Court justices — which started at six, then grew to ten, and then dropped to nine with the passage of the 1869 Judiciary Act — is not set by the Constitution. It's up to Congress to decide how many judges can sit on the bench at once. And it's up to voters to decide who controls Congress, and what its priorities are, come 2021. [HEAR THE FULL CONVERSATION FROM THE UNITED STATES OF ANXIETY]( New Jersey: You're Voting On Legal Weed After [failing for two years]( to pass a recreational cannabis bill in the state legislature, New Jersey lawmakers have opted to give general election voters a simple [yes-or-no ballot question]( "Do you approve amending the Constitution to legalize a controlled form of marijuana called 'cannabis'?" "This referendum, though binding, would only obligate the legislature to pass some kind of recreational legalization bill," Brain Lehrer noted on his show last week. "It doesn’t say what kind. "The issue of who gets to have business franchises, whether any of that goes to historically over-prosecuted communities, whether home-grow is legalized, and other details will still be up to lawmakers," Lehrer added. One detail the referendum does include: The cannabis sales tax rate would be capped at 6.6%. (Municipalities could then impose up to 2% in local sales tax on top of that if they want.) Politico's Mona Zhang, who covers state cannabis laws, told Lehrer that this comparatively low tax rate would make New Jersey's legal weed prices competitive with what dealers charge — and could push New York to finally legalize cannabis, as well. “New York City has one of the biggest illicit marijuana markets in the world, and if lawmakers see tons of New Yorkers hopping on the PATH train to access legal marijuana, they’re not going to be happy about losing that tax revenue," she said. ([The Brian Lehrer Show]( Two-Thirds Of New York's City Council Seats Are Up For Grabs Next Year. Progressive Groups Are Eyeing Them. A new coalition made up of three progressive organizations — including the 200,000-member health care workers union 1199SEIU — is rallying around a number of City Council candidates who support further defunding the police department and subsidizing lower-rent housing. Perhaps the highest-profile endorsement from the new group, called Road to Justice NYC, has gone to Tiffany Cabán, who's running to represent Astoria in the City Council. (Cabán, a former public defender, narrowly lost to Melinda Katz in last year's race for Queens district attorney.) The group said it made its endorsements after pressing each candidate on where they stand in terms of defunding the NYPD, combating homelessness, and supporting other far-left priorities. Separately, the Democratic Socialists of America's New York City chapter [has said]( it's backing a group of candidates who, if they win, would form a "socialist caucus" within the City Council. The organization said its list of requirements for getting an endorsement included vowing to cut the NYPD's budget by 50%. Though Politico notes that the City Council's power is "dwarfed by the mayor," councilmembers elected in 2021 will have a strong say in shaping the city's budget. And with 35 seats being vacated by term-limited lawmakers, next year presents a big opportunity for the progressive wing of the City Council to increase its numbers. ([Politico]( ICYMI: Mike Bloomberg Said He'll Spend $100 Million For Joe Biden In Florida [a close-up of Michael Bloomberg]( Patrick Semansky/AP If you were wondering about the status of Michael Bloomberg's promise to spend ["whatever it takes"]( to beat President Donald Trump in November, we got an update last week: He's going to spend $100 million of his own money to help Joe Biden win in Florida. As a swing state with 29 electoral votes, Florida is considered a crucial prize in any presidential election. But NPR explains that it's more of a must-win for Trump — the Biden campaign sees several paths to victory that don't require winning there. By spending $100 million in Florida's expensive media market, Bloomberg's strategy is to force Trump — who's [being out-fundraised by Biden either way]( — to spend his cash in Florida. That way, Biden can devote his resources to other competitive states, like Pennsylvania and Wisconsin. Separately, Bloomberg announced today that he's raised over $16 million to help formerly incarcerated Floridians [pay the newly required fines]( to get their voting rights back. ([NPR]( [the all-text logo for The New Yorker Radio Hour] An Election In Peril Hear David Remnick and several New Yorker political writers cover the numerous risks to the election, real and imagined. Support WNYC + Gothamist Make a donation to support local, independent journalism. Your contributions are our largest source of funding and pays for essential election coverage and more. 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