The nightmare facing Democrats, even if Harris wins

The Supreme Court has given itself an extra-constitutional veto power over virtually any policy decision made by a federal agency.

The president, in other words, is increasingly subordinate to the courts.

As the judiciary seizes more and more power, the battle over who gets to shape it grows increasingly lopsided.

Julian Zelizer : In a fair Senate , GOP presidents would have to negotiate with Democrats to choose moderate nominees.

He says Obama 's final two years in office were the only two when Republicans controlled the Senate .

Republicans have already imposed a near-total halt on all confirmations to federal appellate courts, Zelizer says.

Democrats have become more aware of a GOP judiciary’s power to thwart their agenda and have started to try to explore ways around it.

Historically, elected Republicans have viewed the courts as a favorable issue that rallies their base, while Democrats have behaved much more cautiously.

Biden proposed term-limiting the justices and imposing a binding ethics code on the Court .