“Democrats can turn to the questions surrounding Trump’s legitimacy. Trump has just nominated his second justice, instead of his first, because Republicans stole a seat that President Obama (who had won re-election with a popular-vote majority) should have been allowed to fill. Neil Gorsuch’s appointment, and all of the 5-4 cases he’s decided in the past year, were spoils of that corrupt act. Democrats should be prepared to reverse the theft by adding two seats to the Supreme Court. If Special Counsel Robert Mueller finds that Trump conspired with Russian intelligence to subvert the election, it will be reasonable to argue that all of Trump’s Supreme Court appointments need to be neutralized in the same way. The point is not to pack the court arbitrarily, with equally arbitrary power grabs—what was the stolen Gorsuch seat if not an arbitrary power grab?—but to right antidemocratic wrongs, and to show that such wrongs won’t be rewarded in the long term. Democrats could in theory have packed the courts in 2009, but they would have had to stretch to find a neutral basis for doing so. That will not be the case next time Democrats come to power.”