General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat is Biden supposed to do...
..to undo the SCOTUS decision to overturn Roe? The comments I'm seeing on MSNBC are saying he won't take the "bold steps" to fight the decision. What bold steps are available...with 48 Senators?
budkin
(6,703 posts)Apparently, he won't do those.
Septua
(2,255 posts)..that would undo the Roe overturn?
mcar
(42,307 posts)Response to budkin (Reply #1)
Post removed
Laura PourMeADrink
(42,770 posts)DFW
(54,370 posts)So did I.
Aristus
(66,328 posts)Name us a bold step
DemocraticPatriot
(4,361 posts)allowing abortion facilities to be established on federally-controlled land, within red states...
or even within federal buildings in the same areas.
I am sympathetic to such an option, but I am not a lawyer...
sabbat hunter
(6,829 posts)to get congress to codify Roe v Wade in federal law. Manchin has already expressed that he would be willing to carve out a filibuster exemption to do so.
He can also use an executive order to claim that abortions are a protected right on federal lands.
Septua
(2,255 posts)What about Sinema?
Igel
(35,300 posts)PortTack
(32,762 posts)mcar
(42,307 posts)filibuster exemption. That is using the bully pulpit.
The Hyde Amendment prohibits the executive order you mention.
What specific options do you have that a sitting president can actually do that Biden hasn't done?
Hekate
(90,674 posts)The President is not the king of the Congress, but you knew that too. He can remind Democrats of what they ought to do, but the Dems have to do it.
The President can exhort the public from his metaphorical pulpit, and bully (hooray) for him. But the public has to pressure the lawmakers and the public has to vote.
The Prez can do a lot of things, but forcing people is not one of them.
Demsrule86
(68,556 posts)broke his hip.
Bev54
(10,051 posts)Tell them the court needs to be put into balance because they have been used by the republicans ie McConnell to legislate from the bench because the republicans in congress are unable to get their agenda through. Yes tough measures need to happen and quickly, it is all up to the midterms but people need to know the dems are going to play hardball and do something drastic.
Tarheel_Dem
(31,233 posts)even further? I don't think people have really thought about the consequences of such a move. While I understand the anger & frustration surrounding so many of these 6-3 decisions, cooler heads must prevail. And which Senate is going to approve such a move? Certainly not the one we have today. Sadly, this is not something Pres. Biden can do alone.
We were screaming, and banging our heads against the proverbial wall in 2016 that the highest court in the land was on the line. However, many seemed to take the position of a certain loudmouthed actress who declared that "I don't vote with my vagina". We are where we are because of apathy & sore loser-ism.
Bev54
(10,051 posts)it will be years before the republicans see a majority again. Get voting rights and women's rights, reverse abortion shit and put things back on track, the republicans are done as a party. They will not lose the stench of what they have done. People now realize that what was warned is true not hyperbole because it is happening. Joe can give them hope by spelling out that the dems are prepared to fight fire with fire. No more humming and hawing, time for action.
don't be afraid to tell the truth to the american public.
What just happened and what will happen soon from Scotus is not progress and most of the country does not want this.
Tarheel_Dem
(31,233 posts)own best interests. I'm not sure it matters what the Dems say or don't say at this point. I'm convinced that there is a contingent on the left who want to "burn it all down" to bring on the so-called "Revolution".
What is "the work" you think the Democrats aren't putting in? I agree that action is needed, but it would have been so much easier had we made the logical choice in 2016. There would be no Gorsuch, no Amy Barrett, and most definitely, no Brett Kavanaugh. I'm sorry to rehash the past, but thanks to some leftover butt hurt from the primaries, we wound up with a clown who was able to appoint three (3) USSC justices. As a result, we're back to starting from zero.
Joe Biden can "spell it out" till he's blue in the face. He can't make people get off their asses to save our own democracy. That's up to us.
Bev54
(10,051 posts)announce reforms of the supreme court, I really think people are dejected because they are not seeing the progress that so many want and need. We all know why with 2 obstructionists in the senate is a big problem, but do the every day non political voters really understand?. It is time to call that problem out and what is needed to change it, Biden has started calling them out but also needs to make it clear what the dems would do with a bigger majority. This is not just for Joe Biden but for every dem running for office, get the message straight and out to everyone. So many people were excited for the Biden admin to make the changes that were needed to stop all this bullshit that is now happening and it did not. There is a lot of people do not understand why. Get out in front of it and make it perfectly clear what they will do. It is time for the democrats to be perfectly clear on their agenda compared to republicans, every damn one of them but they must be prepared to make it happen. There is so much to be done and the voters need to know this is not just wishful thinking. People need to inundate every dem and make them to declare that they are behind the dem agenda, all in.
Tarheel_Dem
(31,233 posts)asked before, what happens when we're no longer in power? You and I both know that will happen. No party can hold onto power indefinitely, it's just the nature of modern day politics. It's the reason I keep asking if people are willing to accept a short term solution of court packing to achieve long term goals?
Does the court need to be balanced? Of course it does, but if every new POTUS gets to add new Justices to fit his/her agenda, where does that end? I'm afraid if we (Dems) open that box, it will come back to bite us. And we'll be right back here screaming at Dems to "DO SOMETHING!!!!". How many Supreme Court Justices are enough? And as you've already noted, Manchin & Sinema would have to go along, and I don't see that happening. Yes, both of their constituents should be blowing up their phones relentlessly. Will it move them? We'll have to wait & see.
Bev54
(10,051 posts)What is it you suggest? Just let them legislate from the bench and lose democracy? It won't happen with Sinema and Manchin but only if the dems win in Nov with a bigger senate majority. I am not sure what it is you want to do? Just sit back and watch democracy die or actually have them do something about it. If you don't deal with the supreme court it does not matter if dems are in power or not.
Tarheel_Dem
(31,233 posts)I don't have the answers you're looking for, and I suspect that very few people do. A lot of folks are spitballing right now, and throwing stuff against the wall to see what sticks, but this decision just came down a few weeks ago. Can we give our Dem leaders at least that long to formulate a plan of action? You, nor I, have a clue what's going on behind the scenes. I have confidence that our legislators are keeping their heads down, and getting down to work, even if they haven't told you or me about it.
Sure, they can probably justify 4 more justices, but you don't think the GOP can rationalize 4 or 5 more, when it's their turn? I ask again, where does it end?
Bev54
(10,051 posts)There will be no future if they don't do something drastic now. That is how the country ended up where it is because so many thought the republicans were sane and judicious, just disagreed with their politics, they have shown who they are and they need to be stopped however it can be done. This is just one suggestion but sitting back is not an option. You can vote but if they don't do something about the court, it won't count come the next election in 2024. It ends by getting rid of the extreme court and balancing it and putting in ethics and restrictions. Not going to get another chance.
Tarheel_Dem
(31,233 posts)you keep intimating that our leaders are just "sitting back". How do you know this? Are you really qualified to speak on what is or isn't being done just because you haven't been informed yet? I don't have to tell you that Congress is a numbers game, and we don't have sufficient numbers to "get rid of the extreme court and balance it...." We just don't.
I hate to keep returning to this, but thanks to apathy and butthurt, we missed a golden opportunity in 2016. Until and unless we get our numbers up in Congress to make Manchin & Sinema irrelevant, we'll have to play the hand we've been dealt. It's pretty clear that no amount of cajoling & arm twisting by Joe Biden will move those two. It's up to their constituents now.
Bev54
(10,051 posts)tells them what they are prepared to do with more dems in the senate in 2022. If voters think that the dems won't take the measures needed, even with a bigger majority, then apathy sets in. The dems need to get together and decide if they do get a majority are they prepared to take the steps needed, including balancing the court. If the rest of them are on side, realizing the seriousness of the situation, then Biden needs to let voters know that he will support it. I am so worried that many voters do not believe that Biden or the dems in senate, will do what is needed to save democracy, for the very reason you also relayed; the republicans can do the same down the road. In the interim, if dems get a majority and fix the courts, fix the laws then maybe it will be far more difficult for the republicans to undo. What they cannot do is ever expect the republicans to act like a real political party, those days are long gone and it is time the majority rules and boldly without worrying about retaliation from the minority. Right now the supreme court is governing from the bench and against the majority, they need to be stopped. If not, in 2024 the entire democracy could be gone.
Tarheel_Dem
(31,233 posts)can make the kind of difference you seem to think he can, just by talking to voters. Lord bless him, he & his administration do that all the time. We're all worried about our democracy, but I trust Joe Biden, Nancy Pelosi & Chuck Schumer to find ways to preserve it. You seem pretty convinced that Biden can talk voters out of their apathy & disengagement, but we've discussed for years the people who either don't vote, or vote against their own interests. If one doesn't feel the need to exercise his/her civic obligation, I'm not sure what Biden is supposed to do about them.
Everybody has an opinion of what the leadership should or shouldn't be doing, but I trust the three leaders to know what is legally & constitutionally permissible to save us from going completely over the cliff.
Demsrule86
(68,556 posts)I won't do it...
pwb
(11,261 posts)and ignore the Suppress Court ? Protect States rights and interstate travel ?
former9thward
(31,997 posts)They would use that action to defy any federal court ruling at anytime about anything.
In It to Win It
(8,248 posts)There is nothing Joe Biden can do to undo the Dobbs decision.
Biden can step in if states proceed to ban FDA-approved abortion pills, but that's about it. Those pills can be sent in the mail. States cannot mess with the mail.
Septua
(2,255 posts)If the Senate gained a couple or 3 Dems and the House maintains a Dem majority, he could do a lot of stuff.
Sogo
(4,986 posts)But DeJoy can....
mopinko
(70,090 posts)brooklynite
(94,520 posts)Saying nothing I can do will ensure an elected official retires earlier than expected.
Septua
(2,255 posts)..the pro-choice, pro-democracy people got to vote Democrat in November.
Buckeyeblue
(5,499 posts)Is there a scenario, even though unprecedented, where Biden could prevent the SC from hearing new cases? The judiciary seems to have an independence that neither the executive or legislative branches have.
What if Biden issued an executive order saying the supreme court could not hear new cases in 2022-2023?
Would the SC ultimately have to hear the case and rule on their own fate?
I know this is kind of out there...but we need to do whatever we can.
DetroitLegalBeagle
(1,923 posts)As they should technically. Executive orders apply to the Executive branch only.
Laura PourMeADrink
(42,770 posts)JI7
(89,248 posts)without that anything Biden and other Democrats do can be taken away.
The media is always demanding to know what Democrats will do .
Thunderbeast
(3,406 posts)THAT would send a signal!
DetroitLegalBeagle
(1,923 posts)But it's effect would be sorta limited. Federal Judge pay is protected by the Constitution. It cannot be diminished per Article 3, section 1. They don't need to actually meet in the Supreme Court building. So they could just carry out their duties via zoom or whatever, like they have been doing during covid. The main thing it would affect are their clerks and other staff. Research and administrative work would be slowed down.
qazplm135
(7,447 posts)it's time to stop doing deals with McConnell for one.
It's time to stop being a reasonable guy who is trying to find a bipartisan solution, because the other side doesn't want that and they take advantage of it.
He needs to spit some fire, and at least feint towards the idea of court expansion. Doesn't have to endorse, but he should at the very least make it seem like something that's in the realm of possible.
Stuff like this could bluff someone like Roberts or Kavanaugh to moderate some upcoming opinions for fear of it actually happening.
He did the right thing by calling for filibuster carve outs for choice and election, but start hinting at the idea that if the other side is going to continue to take a mile with every inch he may have to reconsider whether the filibuster makes sense anymore.
I think just in general a more combative and aggressive tone would help. Is there anything substantive? He could push the FDA to make the abortion pill legal without a prescription, to eliminate the need for a doctor. That would open up a lot.
He's spent his whole life treating the Senate as a place where folks come together to get stuff done. Compromises are made. It's admirable. It's noble. It's not reality anymore.
Laura PourMeADrink
(42,770 posts)PortTack
(32,762 posts)And that he no longer supports the Hyde amendment in light of the SC decision
Has publicly denounced the ruling.
qazplm135
(7,447 posts)so not sure what your point is other than a reflexive everything Biden is doing is so perfect that even insinuating there's anything left for him to do is blasphemy.
That's the problem here. If I go to Kos, it's nothing but attacks on Biden. If I come here, you can't even whisper the idea that maybe he could do something a teeny tiny bit better without folks going into full on defense mode.
Is there a balanced place left?
TigressDem
(5,125 posts)HE COULD argue that with Russia invading Ukraine and threatening to retaliate against UN because the "sanctions are like an attack on Russia" along with the SCOTUS initiating POWER GRABS and UPENDING ELECTION RIGHTS as well as States going rogue by making elections "selections" by the party in power if they don't like the actual vote of the people and citizens arming themselves and storming the Capitol and murdering innocents in their schools....as well as the remainder of COVID going on...
Maybe he could just take control, order the removal of the SCOTUS who are obviously using power grabs to give the REICH Wing their every wish and make elections unwinnable by DEMS, therefore nearly guaranteeing that a pResident who lost an election gets to return himself to office AGAINST the Will of The People..... appoint replacements that will actually DO the job and not legislate from the bench.
Then he could order tRump and all his cronies who helped in Jan 6th be put in prison until such time the DOJ is ready to prosecute them and push for that to be sooner rather than later.
He could force Wisconsin to not over rule it's duly elected Governors appointments, as a separation of powers example.
With Directive 51 he can do literally ANYTHING.
But will he? Not likely. He isn't a dictator.
https://www.businessinsider.com/what-president-can-do-during-crisis-2018-5
A presidential directive signed by George W. Bush on May 9, 2007, gives the president of the United States the authority to take over all government functions and all private sector activities in the event of a "catastrophic emergency."
The idea is to ensure American democracy survives after such an event occurs and that we will come out the other end with an "enduring constitutional government." This piece of legislation is called "Directive 51."
Wednesdays
(17,362 posts)Somebody else tried that once, on January 6, 2021.
TigressDem
(5,125 posts)Directive 51 was put in place by W.
......
With Directive 51 he can do literally ANYTHING.
But will he? Not likely. He isn't a dictator.
JUST STATING WHAT IS AVAILABLE TO HIM AS PRESIDENT THAT PEOPLE MIGHT THINK HE SHOULD DO.
Native
(5,942 posts)They make my blood boil. It's like the stupid has completely taken over. It's embarrassing.
cbabe
(3,541 posts)Stinky The Clown
(67,798 posts)I mentioned this a day or two ago and the Rules Brigade was all about why not.
Bold would be just doing it and defying the court.
cbabe
(3,541 posts)Capital switchboard
1.800.270.0309
Demsrule86
(68,556 posts)nasty things are said about Biden and Democrats, they can't fix this without more Democrats.
qazplm135
(7,447 posts)the Hyde Amendment?
cbabe
(3,541 posts)qazplm135
(7,447 posts)so it might be a bit broader than merely "paying for abortions."
What about using government buildings? Or land? Power? I think it's more complicated than folks want to believe.
The Hyde Amendment is horrible, but right now, it exists and has to be considered.
cbabe
(3,541 posts)qazplm135
(7,447 posts)The gift of the space itself on federal land could be considered.
cbabe
(3,541 posts)qazplm135
(7,447 posts)Anti-deficiency Act, if Congress doesn't authorize it, you can't collect it.
JanMichael
(24,885 posts)Which is why I think it's a very ridiculous question to a bunch of people on a website.
Polybius
(15,398 posts)I guess he could tell those in anti-abortion states to move now, or plan for the future and don't bring up children there.
betsuni
(25,484 posts)That's what I think they mean.
Septua
(2,255 posts)And spend hours on Twitter (like Trump did) denigrating the Republicans.
uponit7771
(90,335 posts)WillowTree
(5,325 posts)uponit7771
(90,335 posts)Emile
(22,707 posts)in the democratic party? From a couple replies, it is working.
Demsrule86
(68,556 posts)gulliver
(13,180 posts)He should do what he thinks he should do. I couldn't care less what anyone unelected thinks he should do, and no one else should care either.
MineralMan
(146,288 posts)Particularly to the Senate. Joe Biden can't do that. We have to. It's really, really simple. Give him the majorities he needs in both houses of Congress and then stand back.
GOTV!
BlueIdaho
(13,582 posts)Two is plenty.
MineralMan
(146,288 posts)I will, as I always to, vote for the Democrat for those positions - the Democrat who wins the primary where I live.
I don't have a vote in your congressional district or state. You do. Vote for the Democrats on your ballot in November. It's really simple. and get others to go to the polls who will vote for Democrats.
Your definition of DINO may not be valid. Any Democrat is always a better choice than any Republican. Every time. You get only two choices that make any sense for any office. Vote for Democrats!
BlueIdaho
(13,582 posts)But for the Party there are still 14 senate primaries still undecided at this date. All I am suggesting is those voters look hard at candidates to make sure they will support the President and the Party platform.
MineralMan
(146,288 posts)to primary races in their state. There are simply too many races for anyone to keep track of on a nationwide basis. In the end, the primaries will produce the general election candidates. It is the general elections that will matter in the end. The primary winners will be the people who get the most votes from their party's members. In the general election, vote for the Democrat. Period.
BlueIdaho
(13,582 posts)Locally we had several FreeDumb Foundation members who reregistered as Democrats and ran in the Primary. Their goal was to take over the party positions and then scuttle the party locally and hopefully throughout the state. Luckily, they were sniffed out but they still received votes in the primary. So - every voter needs to be a fully informed voter. Sadly many are not.
Personally, I only vote for Democrats, but even then - one must be careful.
Demsrule86
(68,556 posts)a larger majority.
Mr.Bill
(24,284 posts)the press would report he doesn't know how to swim.
Mad_Machine76
(24,412 posts)but nobody can propose anything that is realistically achievable
Politicub
(12,165 posts)I dont know if the risk outweighs the reward.
What I would love to hear from the president is a call to expand the court along with rhetorical pressure on democratic senators to expand voting rights. This isnt the time for just a couple of speeches.
It doesnt seem like incremental, measured approaches are getting us anywhere. If anything, the country is regressing and were watching progress, that took decades to achieve, be swept away in an instant.
Is it fear of Manchin and Sinema that weighs us down? FDR had something to say about fear, and we have the right to stand up to it.
I would not be surprised if the Supreme Court defangs our right to expression maybe by blessing Floridas Dont Say Gay bill through a future case
who knows. But today we still have the right to speak.
In some red states, legislatures have made it legal to mow down protestors with a motor vehicle. There is already great risk to protesting. But we still have the right to speak out.
Our president has the most visible platform for speech.
After the brutal taking of a womans right to choose, legalizing taxpayer funding of religious education, and gutting of the EPAs ability to enforce regulations, Im wondering how much more we can take.
But what do I know? Maybe we should be meek, trust the GOP to follow rules, and hope for the best. That always works. /s
Act_of_Reparation
(9,116 posts)"I only have 48 senators" is not an excuse that's going to fly with voters, however true it may be.
Biden might not be able to do much, but he needs to at least give voters the impression he is doing something.
treestar
(82,383 posts)Act_of_Reparation
(9,116 posts)treestar
(82,383 posts)It's too late. They were trashing Dems before, let TFG get elected, used him for all the ratings they could get - they should look in the mirror.
Hotler
(11,420 posts)Could use a little junkyard dog bite and bark, a little street hockey attitude.
Demsrule86
(68,556 posts)Demsrule86
(68,556 posts)is all important.