Joe Biden worries that the “extreme” US supreme court, dominated by rightwing justices, cannot be relied upon to uphold the rule of law.
“I worry,” the president told ProPublica in interview published on Sunday. “Because I know that if the other team, the Maga Republicans, win, they don’t want to uphold the rule of law.”
“Maga” is shorthand for “Make America great again”, Donald Trump’s campaign slogan. Trump faces 91 criminal charges and assorted civil threats but nonetheless dominates Republican polling for the nomination to face Biden in a presidential rematch next year.
In four years in the White House, Trump nominated and saw installed three conservative justices, tilting the court 6-3 to the right. That court has delivered significant victories for conservatives, including the removal of the right to abortion and major rulings on gun control, affirmative action and other issues.
The new court term, which starts on Tuesday, could see further such rulings on matters including government environmental and financial regulation.
If he really worries about that, and is not just scaring people to vote for him, then he has a responsibility to enlarge the court.
I’d argue this should have been the immediate response to Mitch McConnell blocking nominees half a term away from an election, but if the court can’t uphold the rule of law, it should be fixed (and expansion seems like the obvious solution) or replaced.
The procedural question on this one is whether he could shrink the court to boot say… Thomas, then expand it again to replace him with someone less obviously corrupt. Republicans fail to confirm a replacement? We’ll shrink the court a little more. Obviously, this won’t happen, but I’m interested to know if it’s possible.
Honestly I feel like that needed a civil war level response, that really should not have been allowed/normalized, regardless of which party initiated the block.
I couldn’t agree to that, that’s way too manipulative and dishonors the previous selections from previous presidents.
I would expect him to just expand the court by two seats, if he was going to try to do something along these lines.
To what degree should prior selections be honored/respected if the presidents in question won under questionable circumstances, e.g. George W. Bush’s election in 2000 and the stopping of the Florida recount, or Donald J. Trump’s election in 2016 after his call for foreign interference, alongside James Comey reopening the investigation into Hillary Clinton just before the election?
It would depend on the circumstances, but it would have to be very unique and extreme circumstances. The goal would be to avoid a Tit for Tat downward spiral to Civil War.
I believe that the mob that raided the office should not have allowed the vote counting to have been stopped. IMO it gave a green light to whomever set that up to go forward and do something along the lines of January 6th.
Having said that, no I wouldn’t for this situation. Almost, but no.
No. Simple political interference wouldn’t be enough, we’re talking about extreme circumstances only.
How?
Are you under the assumption Joe Biden is some sort of wizard?
The supreme court is supposed to be based on certain numbers, when those numbers increased the SC could have been increased, but hasn’t been.
Basically all it would take is for the president to decide “hey this court is supposed to be bigger, because the rules it wrote for itself say so” and sign a few things and boom. Increased court size.
What? Where did you find executive branch authority to regulate the Supreme Court?
Even if they did, how would a president appoint justices without Congress?
I don’t know the details, from what I understand FDR was contemplating the same thing, so it does seem like the power to do this is an electoral branch power and not in the legislative branch.
But I honestly don’t know the details so I could be wrong, its just something I heard of before.
“so it does seem like the power to do this is electoral branch power and not in the legislative branch”
Quite poor evidence for your conclusion. FDR tried to pass legislation to expand the SCOTUS, and was interpreted as trying to manipulate the court by his own party, which is why it was blocked.
Court expansion has always been done by Congress, it’s interpreted as an extension of it’s power to create courts.
Fair enough. Just a friendly reminder…
It was an off-the-cuff comment and I mentioned in the comment I could be wrong and that I was not certain, so, /shrug.
Other than political gain for one team or the other, what is the argument for expanding the supreme Court?
To correct for the explicitly political gain one team is solely interested in for their own authoritarian redefinition of established precedent that also had their nominees lie their way into their SC positions at the expense of the Constitution and our freedoms. That’s the argument.
you don’t think by expanding the court the “other side” isn’t just doing the same exact thing you just described? so where does it stop?
The problem is that we’re at a point where Republicans are not hesitating to lie, cheat, and steal their way to power. They have demonstrated quite clearly that they no longer have an interest in playing fair.
We need Democrats who aren’t afraid to fight back or we’ll lose our Democracy in America and eventually fall to fascism.
There may not be a good ending here, but it’s time to draw a line in the sand.
It’s a sad state when people actually believe one party has a better moral compass than the other. The reality is one party lies better than the other, but it’s two sides of the same coin. I blame gullible people that can’t do anything but parrot what the media tells them to. Sadly, that’s the majority of society.
If you look at the history of people who were put up for nomination as a Supreme Court member, you’ll see that what you said is not true.
The persons being submitted have a distinct qualification for fairness that one side puts up, versus the other.