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The discussion highlights the Democratic Party's shortcomings in making judicial appointments and acting as a check on the Supreme Court during the Biden administration. The hosts argue that this failure is rooted in a long-term neglect of educating their base about the judiciary's importance and its implications for civil liberties. Senator Dick Durbin, chair of the Senate Judiciary Committee, is singled out as primarily responsible for the party’s ineffective strategies in holding Republicans and certain justices accountable. This lack of focus on the judicial system is viewed as detrimental, potentially impacting Democratic prospects for years to come.