They are on track to destroy Social Security and medicare so the Republicans don’t have to Mark Joseph Stern at Slate brings the bad news: During his State of the Union address on Tuesday, President Joe Biden criticized Republicans for proposing to “sunset” Medicare and Social Security every five years. In response, many Republican lawmakers booed the president, prompting him to quip, “So, folks, as we all apparently agree: Social Security and Medicare is off the books now.” Perhaps these Republicans really do disagree with a plan put forth by a member of their leadership mandating periodic expiration of popular entitlement spending. But at least some of their judges are all for it—and want to transform the idea into constitution law. Recently, the 5th U.S. Circuit Court of Appeals crafted a theory that would empower courts to strike down mandatory spending on federal programs, compelling Congress to either reappropriate the money or let the programs die. This radical and antidemocratic reading of the Constitution would threaten Medicare, Medicaid, Social Security, the Affordable Care Act, unemployment benefits, child nutrition assistance, and so much more. Democrats and Republicans would be foolish to ignore the rebellion against federal spending that’s brewing in the 5th Circuit. The conservative assault on entitlement programs arose during litigation against a frequent target of GOP ire: the Consumer Financial Protection Bureau, a watchdog agency created in 2010 that protects Americans against exploitative fraud and deceit in home mortgages, credit cards, consumer loans, and retail banking. For years now, right-wing litigators have argued that the…