Democrats can reshape Supreme Court through confirmation strategy, not reform

The Democratic Senate majority offers a strategic path to influence the Supreme Court without immediate structural reform, according to a commentary by Harvard law professor Noah Feldman. Rather than pursuing court-packing or jurisdiction-stripping measures, Democrats can leverage their control to block President Donald Trump’s future nominees, potentially shifting the court from a 6-3 conservative majority to a 5-4 liberal one by 2028.

Feldman points to the ages of Justices Clarence Thomas and Samuel Alito as key factors, noting that attrition could reduce the court's size if the Senate refuses to confirm nominees. Historical precedents, such as the refusal to vote on Merrick Garland in 2016, demonstrate that the Senate can withhold consent without constitutional penalty, allowing the court to function with fewer than nine justices.

The commentary argues that aggressive partisan reforms like court-packing may become unnecessary if Democrats anticipate a liberal recapture of the institution through the confirmation process. By maintaining the status quo and focusing on ethics legislation, Democrats can preserve the court's legitimacy while gradually altering its ideological balance.

Read the full story at Daily Republic.