the reason FDR was able to do this is because he was prepared to tell the court to go fuck themselves
But because he did that we now have ~90 years of judicial precedent saying the federal government can do all sorts of things. That precedent didn't exist in the 1930s, so the Court was effectively deciding whether to greatly expand the scope of federal powers. Those same questions won't come up this time; they were decided most of a century ago.
Plus, a lot of left-ish policy proposals are extensions of existing programs (e.g., M4A) or well-established policies cut-and-pasted onto progressive goals (e.g., much of the Green New Deal). It be shocking if something like M4A even got before the Supreme Court, because what legal challenge can you throw at it that hasn't been shot down about Medicare over the last 50 years? There's no need to threaten the judicial branch over most of this stuff.
But because he did that we now have ~90 years of judicial precedent saying the federal government can do all sorts of things. That precedent didn't exist in the 1930s, so the Court was effectively deciding whether to greatly expand the scope of federal powers. Those same questions won't come up this time; they were decided most of a century ago.
Plus, a lot of left-ish policy proposals are extensions of existing programs (e.g., M4A) or well-established policies cut-and-pasted onto progressive goals (e.g., much of the Green New Deal). It be shocking if something like M4A even got before the Supreme Court, because what legal challenge can you throw at it that hasn't been shot down about Medicare over the last 50 years? There's no need to threaten the judicial branch over most of this stuff.