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Can they write this article without Biden...?
I mean, the only thing happening here is Biden worrying, so, no, I don't think they could. It's not like they could write a news story talking about steps Biden has taken to deal with this problem, there aren't that many ways to say "nothing."
I too would wish he'd expand the court as he suggested he would on the campaign trail, but unfortunately the game of politics is such that actually doing it would become the biggest topic ever, and not in a good way. It would be super unpopular with the moderates, and it would allow republicans the perfect opportunity to accuse Biden of being anti-democracy, which of course they would love an excuse to do because it would distract from the fact that they actually want to destroy democracy. Maybe, and this is a big maybe, he'll consider it in a second term when he no longer has to worry about re-election, but that hope always seems to be a pipe dream.
Gay marriage was super unpopular with moderates, until people made efforts to change that. No one in the country cared about drag queens until the conservatives made a concerted effort to make it a political issue. The political whims of the country are changeable, if you're willing to try to change them.
Too many people look at politics as the job of reading an opinion poll and then staying within a rigid bound of the status quo rather than as leaders who should be influencing the public to adopt better policies. This continual worry about moderates' beliefs as if they're not the least ideological people in the nation is a flawed approach to politics that just puts up barriers and excuses for doing anything.