In a piece published by the Washington Post on Monday, President Joe Biden unveiled his plan to reform a Supreme Court he characterizes as being “mired in a crisis of ethics.”
He starts by stating the bedrock principle of American jurisprudence. We are all equal in the eyes of the law.
“This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No one.”
He goes on to state that this conservative Supreme Court has ripped up that fundamental tenet of American justice
“But the Supreme Court’s 6-3 decision on July 1 to grant presidents broad immunity from prosecution for crimes they commit in office means there are virtually no limits on what a president can do.”
He points out that SCOTUS is not only shredding precedent by taking away long-established rights - but it is also stocked with corrupt, self-serving, and conflicted justices.
“Scandals involving several justices have caused the public to question the court’s fairness and independence, which are essential to faithfully carrying out its mission of equal justice under the law. For example, undisclosed gifts to justices from individuals with interests in cases before the court, as well as conflicts of interest connected with Jan. 6 insurrectionists, raise legitimate questions about the court’s impartiality.”
He then offers three “bold” reforms to restore trust and accountability to the court and our democracy.
One: “A constitutional amendment called the No One Is Above the Law Amendment. Because:
“It would make clear that there is no immunity for crimes a former president committed while in office.”
Two: Term limits for SCOTUS Justices — as Presidents are subject to. He adds details to his plan.
“I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court.”
Three: A binding code of conduct for the Supreme Court. He explains why.
“The court’s current voluntary ethics code is weak and self-enforced. Justices should be required to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. Every other federal judge is bound by an enforceable code of conduct, and there is no reason for the Supreme Court to be exempt.”
He points out that these are mainstream proposals that most Americans, and constitutional experts across the political spectrum, think are needed.
“All three of these reforms are supported by a majority of Americans — as well as conservative and liberal constitutional scholars.”
He finishes with a call to arms. And a restatement of America’s commitment to legal equality.
“We can and must prevent the abuse of presidential power. We can and must restore the public’s faith in the Supreme Court. We can and must strengthen the guardrails of democracy. In America, no one is above the law. In America, the people rule.
It is a simple and direct appeal to common sense. It harkens back to the founding principles of the world’s first constitutional republic. And it puts in stark contrast the Democratic Party’s embrace of law, and order, with the tyranny offered by Republicans.
Note: two of the three items require a constitutional amendment. That is a heavy lift. But asking for it forces Republicans to argue against it. And that is political gold for Democrats.
This is how you wrap up a stellar presidency. Well done, Joe.
--30--
Written by Pitt Griffin. Cross-posted from the Daily Kos.
Comments
