This is how the 1st American Republic ends.

5780 years ago, the world was born. Tonight, it’s on a knife’s edge, as is what we may come to know as the 1st American Constitutional Republic.

Per Jewish tradition, with sundown, we began the year 5781. The preceding year has been so awful for so many in the US, and across the globe. The pandemic has hit so many — with death, with severe illness, with joblessness, with homelessness, with hunger, and with great grief. Of course, tragedy strikes in many ways. I lost my father to pancreatic cancer 9 years ago, a day after Yom Kippur. This year, I lost my mother to an unfortunate accident with her medication, less than a month ago, on my birthday, no less — at the same hour she brought me into the world 56 years earlier. Many of us have experienced such seemingly pointless loss.

Now, as we receive the terrible news of the loss of the first Jewish female justice, it seems the stakes have been raised, if that was even possible. For Jews, it clearly reinforces the sense that 5780 was one of the most awful years in history. That said, the year ahead may be the most fateful — for the future of this country and for the world. What follows is my take on the stakes and my thoughts on how we may save the country.

Mitch McConnell is now declaring that the Senate will vote on Pres. Trump’s forthcoming nominee. None of us can be surprised by that, and it’s fair to assume that’s his intention…now. He must be made to understand the consequences. In 2016, by denying Merrick Garland a hearing, McConnell may have launched the first salvos of a second American Civil War (or, at least an UNcivil War). If this happens, I believe it will be the end of what will be known as the First American Constitutional Republic.

McConnell would leave Democrats with little choice in January if Democrats gain control of the Senate and White House. Court-packing of the Supreme Court will be inevitable. I cannot conceive of any scenario where Democratic majorities in Congress do not pass a bill to expand the Supreme Court beyond its traditional nine justices. I would assume President Biden would be obliged to sign that bill into law. Democrats would then proceed to confirm at least 2 additional justices — perhaps as many as 4, and in short order would replace Justice Breyer, as well. The only question for Democrats would be whether to add just two justices, as retribution for the Scalia and Ginsburg vacancies, or whether to expand it further to create a liberal-left majority on the Court.

The problem with this approach is that there’s no limiting principle then. It’s essentially declaring the end of our Constitutional Republic, as each election and each Congress will be fought to reverse control by further expansion of the Court. There’s no end to that, and there will be no end to the myriad other ways our Constitution will be challenged.

It will mark the end of a 1st American Republic. What emerges in the smoking wreckage is anyone’s guess.

Of course, it’s possible that McConnell or at least enough GOP Senators will see these stakes clearly and stand down. It’s also possible that McConnell uses this gift as leverage to extract a commitment from Democrats NOT to expand the Court in the next Administration in exchange for GOP forbearance. The seat stays open for the next President, and the parties agree the Court stays at 9 justices. From McConnell’s perspective, that ought to be a pretty good deal to make. Perhaps the parties could even agree to create a commission to set out principles for the framework of the SCOTUS and any future judiciary reform.

If McConnell has no taste for compromise and even less concern for the consequences, the battle will be to prevent it. First and foremost would be to make the case to the other GOP Senators via our votes and very visible protests, that they must resist McConnell’s plan. Perhaps, the could strike their own deal with Democrats. If nothing else, they can declare their fears for the future of the Republic, and refuse to go along, in the hopes that Democrats will not expand the Court in 2021.

Failing all that, there are things that Democrats can do. The Senate rules are pretty clear on this. There’s no quorum in the Judiciary Committee, if there aren’t at least 2 Democrats present. They can simply not show up at Judiciary Cmte meetings, even if McConnell and Trump try to force them there. As the Oregon GOP did to block a vote on climate legislation, Democratic members of the Judiciary Committee should take refuge beyond DC. I can provide a list of suburban Maryland homeowners who would be willing to give them secret refuge nearby, if needed.

Of course, McConnell can then try to circumvent the usual process and bring the nomination straight to the floor, even if the Judiciary Cmte is blocked from taking it up. In this case, he’d clearly be declaring a holy civil war. There may be procedural maneuvers that Schumer and other Democrats could employ to block a floor vote. I don’t know. However — I wrote about this a few months ago — the people can also play a role, by blocking the all the entrances to Capitol Hill. If the Senators can’t get to the chamber, they can’t vote. See you all in Washington DC, in November. Dress warmly.