Some observers, like University of California, Irvine law professor Rick Hasen, predict that judicial overrides would likely require near-unified control of Congress and the presidency, like Democrats had in 2009 when they passed the Lilly Ledbetter Act. In other words, whether Democrats retake the Senate following two Georgia runoffs in January could have a major impact on their ability to get judicial overrides through the legislative grinder, especially as many areas of once bipartisan lawmaking, particularly civil rights, have grown more polarized.
How to Counteract the Court
The American Prospect, Nov. 24, 2020
November 24, 2020