How Progressive States Can Respond to Conservative Courts

In Judiciary and Courts, States On
- Updated

President Trump and his allies in the Senate have packed the federal courts with more than 200 conservative judges over the last four years, including three Supreme Court justices. In doing so, Mr. Trump made explicit that he wants “his” judges, and the 6-to-3 conservative majority on the court, to achieve what he could not through Congress, including eliminating health care for millions and undermining what remains of the Voting Rights Act.

Much attention is rightly being paid to how the Biden-Harris administration will respond. But if progressives are going to have fewer victories in federal courts, then we need to think about what that means for states, too.

Our proposal is simple. Let’s take a page from our conservative friends and forge a new form of progressive federalism. Here are four ways to do this:

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