If Joe Biden and the Democrats win in November, they must resolve to have everything on the table in order to fix our broken political system. Both our electoral and policymaking processes are fundamentally flawed when the desires of the majority of American voters are continually crushed by the minority.

The United States is a democratic republic. But there is nothing democratic about our nation when rampant corrupting influences control our political system: voter suppression, gerrymandering, corporate lobbying, the Electoral College and huge campaign donations, much of which is dark money the sources of which are intentionally hidden from public scrutiny.

Earlier this week, Biden indicated that he was not a fan of adding seats to the Supreme Court, i.e. court packing. At the same time, he noted that the Republicans rush to put the very conservative Judge Amy Coney Barrett on the Court in the midst of a presidential election is a form of court packing.[1] While the Democrats don’t have the votes to block her nomination, they can, and they must, rebalance the Court as well as the entire federal judiciary, if Biden wins and they take back the Senate.

The truth is that Mitch McConnell and the Republicans have been packing the federal judiciary with conservative judges ever since 2014 when they gained the majority in the Senate. During the last two years of the Obama Administration, McConnell blocked Obama’s 105 judicial appointments including Judge Merrick Garland to the Supreme Court. As a result:

“…Trump and McConnell have gotten over 200 federal judges and two Supreme Court Justices through the Senate, meaning over a quarter of all federal judges have been packed into our court system by Trump and virtually 100% of them have been straight and white, the overwhelming majority men.”[2]

But, it’s not just the federal courts that the Republicans have hijacked. Last February Majority Leader McConnell admitted he had 395 bills in his office passed by the House of Representatives that the Senate would not consider. And, 80% of the bills McConnell is now blocking from Senate consideration have bipartisan support.[3]

If Biden wins the election, which is looking likely, and the Democrats take control of the Senate, McConnell’s stranglehold on the legislative process and the federal judiciary will still continue as long as the filibuster remains in place. Once again, the will of the majority will be denied. Just like it has been in two of the last five presidential elections when the president-elect did not win the popular vote.[4]

An overwhelming Democratic victory next month is our only chance of restoring some measure of fairness, racial justice, compassion and common decency in our country. Despite Trump’s extensive efforts to steal the election, I believe that Biden’s chances of winning the election and the Democrats’ taking control of the Senate are good.

The best path to derailing Trump’s scams and ensuring a victory for democracy is a blue tidal wave on Election Day that will make it virtually impossible for Trump to muster the forces needed to overturn the results. The Democrats’ momentum is building. It’s up to us to make sure that it crests on Election Day. So, make a plan and go vote!

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

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[1] https://www.commondreams.org/views/2020/10/12/its-time-unpack-court.

[2] Ibid.

[3] https://www.usatoday.com/story/news/politics/elections/2020/08/27/rnc-mitch-mcconnell-has-been-key-confidante-donald-trump/5650153002/.

[4] https://time.com/5579161/presidents-elected-electoral-college/.