Adrienne Lawrence Legal analyst, law professor & award-winning author
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Opinion

Congress must act urgently to fix our broken Supreme Court

Adrienne Lawrence Legal analyst, law professor & award-winning author
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In his most recent Washington Post op-ed, U.S. President Joe Biden announced his official support for reforming the U.S Supreme Court. Biden’s announcement came in response to a collapse of American public trust in the Supreme Court — and in the judiciary branch as a whole — following the court’s controversial ruling in Trump v. United States. New academic research, inadvertently published on the same day as Biden’s op-ed, suggests that this collapse in public trust is even more acute than many Americans had believed.

Watch the above video as Straight Arrow News contributor Adrienne Lawrence reviews this new data and explores how different approaches toward Supreme Court reform might or might not succeed in today’s divided political climate.


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The following is an excerpt from the above video:

But still, I do like the idea, and I also like Biden’s second proposal. The president proposes term limits for Supreme Court justices. Ah, that’s so great! Eighteen years to be exact. And this would ultimately be staggered, such that a new justice would be appointed every two years. Staggering appointments is a fantastic idea. It indeed would help prevent any one presidency from changing the course of the nation for centuries from the bench, because that’s exactly what happened with Trump’s administration.

[Trump] appointed Neil Gorsuch, then Brett Kavanaugh and then Amy Coney Barrett. The imbalance created with the Right on the court right now has left our generation and the next and the next with an imbalance that does not represent the generation that is to come. And as for well, term limits, I think you can watch my Aug. 7 Straight Arrow News commentary. I am a fan of getting rid of those lifetime seats, really, because look at how it’s playing out so far. Clarence Thomas is Exhibit A for why terms should be capped. He’s the longest serving justice on the U.S. Supreme Court currently, and he is clearly bought and paid for by billionaires like Harlan Crow.

Although all eyes are on Kamala Harris as she looks to Trump, Donald Trump in November, President Joe Biden has not stopped doing his job. In fact, 46 is advocating to do something that is long overdue and also must be done for the preservation of our democracy. The problem is that our purported democracy would likely thwart Biden’s efforts in a Washington post op ed, the President proposed significant reforms to the US Supreme Court, term limits, codes of conduct and more. While I support these proposals wholeheartedly, they require more than just an op ed in a major publication. They require action and support. The reality is that even if Harris takes the White House, our country will remain highly unstable and divided without Congress implementing changes to the US Supreme Court. No one can dispute that the third branch of government needs a major overhaul. On the very same day, Biden announced his three proposals, Annenberg Public Policy Center issued a report revealing a withering of public confidence in the courts in the last four years, the percentage of Americans who express either a great deal or fair amount of trust and confidence in the judicial branch dropped. It dropped from 75% to under 50% according to annenberg’s report, trust in the Supreme Court has declined even more than trust in the courts in general. That’s why Biden wisely proposes an overhaul of the Supreme Court, outlining three key measures that are backed by the bipartisan Presidential Commission on the Supreme Court of the United States. But the thing is, these changes can’t happen unless Congress actually desires to lean into having an actual democracy. First, Biden suggests a constitutional amendment that disrupts the Supreme Court’s recent ruling in Trump versus United States. You know that ruling that what gave presidents an unlimited amount of power, Biden wants one that makes clear that a former president or president can be held accountable for their crimes. And although that makes complete sense, well, a constitutional amendment would require a two thirds vote of both houses of Congress, followed by ratification by three quarters of the states, and given how Congress can barely agree to keep the lights on, well it doesn’t seem that we are going to get any kind of amendment anytime soon. It’s probably more likely that J Lo and Ben are going to stay together than we’d actually get some kind of constitutional amendment saying that a president is not a king. But still, I do like the idea, and I also like Biden’s second proposal. The President proposes term limits for Supreme Court justices. Ah, that’s so great, 18 years to be exact. And this would ultimately be staggered, such that a new justice would be appointed every two years. Staggering appointments is a fantastic idea. It indeed would help prevent any one presidency from changing the course of the nation for centuries from the bench, because that’s exactly what happened with Trump’s administration. He appointed Neil Gorsuch, then Brett Kavanaugh and then Amy Coney Barrett. The imbalance created with the right on the court right now has left our generation and the next and the next with imbalance that does not represent that generation that is to come. And as for well, term limits, I think you can watch my August 7 straight arrow news commentary. I am a fan of getting rid of those lifetime seats, really, because look at how it’s playing out so far. Clarence Thomas’s exhibit a for why terms should be capped. He’s the longest serving justice on the US Supreme Court currently, and he is clearly bought and paid for by billionaires like Harlan crow. But even though Biden doesn’t propose how to make term limits possible, we do know that a constitutional amendment again, isn’t really a great option for the exact reasons that I discussed. But also passing a statute could possibly work. But then again, we’d have to get likely those on the right in Congress to be willing to uphold our democracy. And lastly, well Biden advocates for a binding code of conduct for Supreme Court justices, as they’re currently not bound by the same code as the other federal judges, again, that is entirely reasonable. Supreme Court justices shouldn’t be above the law either. They should be accountable, but then again, who is going to enforce it? There must be actual consequences for these individuals who are serving for life, absent impeachment and conviction. Regardless, we, the people, deserve justice from justices who are independent, impartial and beyond reproach. At present, our Supreme Court justices simply have too much power and too little oversight. The only thing that can stop this impending wreck is Congress.

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