From his first day in office—and every day since then—President Biden has taken action to strengthen American democracy and protect the rule of law. In
“No one is above the law” seems a bit of circular with the fact that the law is what the Supreme Court says it is. Similarly, who would decide whether a Supreme Court judge violates the purported Code of Conduct?
I guess it would all come to the legislation branch, but even if the reform goes through, I’m afraid that the political division in the Congress would limit its effectiveness.
I think the trick with the term limits is the way this also has teeth. My understanding of one way the term limits thing could work is by moving justices to a senior status… Still technically appointed (and for life) but just not in the starting lineup.
I would guess that if the above method is the approach, a binding ethics code could have as punishment moving a justice to senior status, effectively benching them.
I think the hardest part will be enforcing a law like this without also having the numbers to impeach Justices (or pack the court). Otherwise I could see the current court finding some way to rule any kind of reform as being unconstitutional and ignoring it.
“No one is above the law” seems a bit of circular with the fact that the law is what the Supreme Court says it is. Similarly, who would decide whether a Supreme Court judge violates the purported Code of Conduct?
I guess it would all come to the legislation branch, but even if the reform goes through, I’m afraid that the political division in the Congress would limit its effectiveness.
Congress could impeach them, but the bar is high and Republicans have proven they will vote for party over country multiple times.
I think the trick with the term limits is the way this also has teeth. My understanding of one way the term limits thing could work is by moving justices to a senior status… Still technically appointed (and for life) but just not in the starting lineup.
I would guess that if the above method is the approach, a binding ethics code could have as punishment moving a justice to senior status, effectively benching them.
I think the hardest part will be enforcing a law like this without also having the numbers to impeach Justices (or pack the court). Otherwise I could see the current court finding some way to rule any kind of reform as being unconstitutional and ignoring it.
Maybe Congress should legislate against Marbury v. Madison.