Biden delivered remarks from the Oval Office outlining his decision not to seek reelection, his first on-camera remarks since making that announcement on Sunday. In addition to explaining why he is ending his candidacy, he listed off his priorities for his remaining time as president.
“And I’m going to call for Supreme Court reform, because this is critical to our democracy,” Biden said.
Multiple outlets have reported that Biden is considering proposals to establish term limits for Supreme Court justices and an enforceable ethics code for those on the high court.
Hey guys cmon this is at least an upgrade from “president’s office planning to” lol
“Call for”. What does that even mean? Flex those executive muscles.
They didn’t give him unlimited power to compel things, just the apparent ability to legally break laws. So unless he is sending people with guns and or handcuffs to compel things, nothing would happen.
For example if he made an Executive Order outlining corruption consequences, the Supreme Court would just say “Lol no!” He could send in people to arrest them I guess, but he would have to suspend their constitutional rights to a trial. I don’t think people would feel good watching people get no due process.
It’s more “thoughts & prayers”
Coulda done this in the first months in office, and actually made a difference, but I guess doing it for votes during an election is better than nothing?
He’s not running tho
Which is now why he’s doing it. No more fucks given
Also DIPLOMATIC IMMUNITY
As I understand it, Diplomatic Immunity still has limits but the new and improved Presidential Immunity has very little. Just need to prove official acts and you’re good to go.
Just like he let abortion rights be abolished so he could campaign on it.
I declare reform!
Call for?
Can’t he executive order it?
Don’t get too excited. He knows he has no power.
Lock them up lock them up
Call for the moon to catch on fire, too, that would be fun.
Add 2 seats to the bench, and then add 13 total judges. 11 of 22 judges are selected at random to determine the case. The non voting judge opinion becomes part of the case law, as well as an intercollegiate constitutional scholar opinion
This matches the broad strokes of the approach I favor as well.
There are 13 Federal circuits. Expand to one justice per circuit, then double that.
But the core of the approach, regardless of the exact number, is to shift to having cases heard by randomized panels of judges. The amount of power wielded by individual justices right now is just insane. Dilute it down so that the power rests with the body rather than individuals.
Further, randomizing who hears any given case would help curtail the current environment where test cases get tailored to the idiosyncracies and pet theories of individual judges.
SCOTUS should be deciding cases based on rational reading of the law, not entertaining wing nut theories that Thomas or Alito hinted at in previous decisions. That sort of nonsense becomes a lot less feasible if there’s no guarantee a case will actually end up in front of Thomas or Alito.
So what happens when the judges chosen for a case interpretation end up being 7-2 in one party’s favor? Conservatives would be sitting at the slot machines in a diaper pulling the lever until they hit a jackpot. It’s not like making them sit out of some cases based on a lottery is going to make them any less hypocritical or prone to power tripping and bribery. They’ll just wait their turn.
Appointees should just be subject to term limits and yearly affirmation votes by members of the BAR association to renew or revoke their qualifications. That way members of the public that are still well versed in law are able to hold them accountable.
I think you’re missing the point.
As things stand now, you get cases that are tailor made to the whims of specific people because there’s a 100% chance it ends up in front of those specific people. That’s an absolutely massive problem.
The point is that you’re less likely to have cases that are specifically aimed at stroking any given individual’s brand of crazy when there’s only a ~1 in 3 chance they’ll even hear it. A panel of 9 from a pool of 26 means that you go from a 100% chance that, say, Alito and Thomas, hear a case together to around 12%. That’s a huge gamble when it takes years and a massive amount of money to get a case in front of SCOTUS.
No, it doesn’t solve all conceivable problems with the court. But it’d help address the fact that SCOTUS justices are entirely too powerful as individuals and it can be done via simple act of Congress.
Appointees should just be subject to term limits and yearly affirmation votes by members of the BAR association to renew or revoke their qualifications
Not going to happen. SCOTUS terms are life appointments constitutionally. That means you’ve gotten into amendment territory which just plain is not realistic right now.
Honest question: Could all of the other stuff you’ve suggested happen without getting into amendment territory? I honestly don’t know almost anything about where all these SC things are defined in law, but changing the way the entire SC operates sounds pretty extreme when compared with simply adding term limits. It’s hard to believe it wouldn’t also stray into some constitutional territory.
Article III only lays out there there will be a supreme court and a Chief justice and makes Congress responsible for establishing them. It does not lay out the makeup or structure of that court. The current body of 9 justices is set by federal statute and could be changed by a simple act of Congress.
Article III also explicitly states that whatever Justices are appointed hold their office as long as they maintain good behavior (I e., as long as they haven’t been impeached) and that Congress cannot reduce their pay.
Term limits are explicitly unconstitutional.
Setting the number of judges is explicitly within Congress’ constitutional powers.
Randomized panels would probably be challenged just because it’s never been tested, but the language in the Constitution re: Congress establishing the Supreme Court is vague. That said, Congress has already established inferior Federal courts that operate in this manner, so there’s precedent.
Supreme Court function is a hot button topic right now because of Roe v. Wade. The vast majority of Americans agree that at the very least SCJs should have term limits, so start there and force a vote on an amendment. Then if it fails, you have votes on record for the next election. Many Republicans have pro-choice, pro-union, anti-lobbying stances that aren’t aware that their representative in congress would vote against because it never comes to their table in the first place. Some(not all) would change their vote from red to at least 3rd party if we were able to highlight those issues in voting records during campaign season.
And even if you feel that isn’t worth the time or energy for only speculative shifts in the public vote, the opinion you’re expressing is that the constitution should remain unchanged until some undetermined date in the future which may never come. And that is more damaging to the bureaucratic system than a proposed amendment failing because definitions shift over time. It wasn’t too long ago that property was determined to include black people because it suited the interest of wealthy land owners in the south. Then because of that we ended up fighting a civil war.
The problem is that the process for amending the Constitution is heavily, structurally biased in favor of the Republicans now. The GOP would absolutely rally around this issue because it’s one of the primary things allowing them to hang on to power right now.
I don’t believe in engaging in theatrics with a zero percent chance of success when there are real, feasible steps that could be taken to make things better.
If you triple instead of double that you could have a three judge panel (like federal districts do) that could rule on smaller cases that come out of that circuit. Then, if needed, they could call a full 9 - 11 judge panel if it’s a larger topic. This would also allow them to hear many more cases than they currently do, which has been a problem for decades.
I’d be in favor of more. 26 is just because I think there’s a very easy argument to make for “every circuit gets direct representation on SCOTUS” and it’s not a huge leap to go to two per circuit from there.
Increasing throughout is definitely one of the reasons I’d support doing this as well. Thanks for highlighting that since I didn’t.
I totally agree! Just saying you could make that exact same argument but for three per district and it opens up a bunch more possibilities.
Crazy. Ive been thinking about enforceable ethics codes for companies. This would be a great start towards that.
But have you Called for those things?
Fuck is the point?
God im so happy he’s bowing out, he’s not even going to do good shit while walking out the door. Sayanara milquetoast joe
Would have been awesome if he did this at the start when it was obvious where things were headed but they didn’t destroy our government yet, but I’ll take it.
“Call for”, cool cool cool cool cool
Continuing to behave as if there’s a few brushfires that need put out, instead of a massive forest fire going on around him…well, it just sums the man up for me.
“call for”??? FUCK THAT! just issue a few “official presidential acts” drone striking the corrupt ones, and also anyone who refuses to approve the replacements he appoints.
I’m hoping he makes a bunch of executive decisions, make a few crazy ones, pardons himself and bounce.
Especially if he invites the supreme court to correct their presidential immunity mistake as his last act. Of course, shit that wasn’t illegal when you did it can’t (usually) legally be charged after it’s made illegal. Ex post facto laws are a hard sell.
That wouldn’t be an ex post facto law situation though, would it? There is no new law, just a different interpretation.
