The Texas abortion decision shows why the Democrats must push to add four justices to the court

Adding justices to the Supreme Court is a terrible solution to the problem of a majority that is so radicalized it assented to Texas’s scheme to basically outlaw abortion in the state. It is also the only actual solution.

It’s a terrible idea for obvious reasons. We don’t want the judiciary to become a third branch of government dominated by partisanship. We don’t want justices deciding cases based on the party they align with. We don’t want to set off a tit-for-tat whereby Democrats add judges to create a Democratic majority when they are in power, and Republicans in turn add judges to create a GOP majority once they regain control — with ominous implications for rule of law. Would mayors, governors and even presidents from the party that doesn’t “control” the Supreme Court start ignoring rulings from a majority formed with newly appointed justices of the opposite party?

But many of the worst outcomes from a partisanized Supreme Court are already occurring.

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