Saturday, August 3, 2024

here comes the judge

 





President Biden recently proposed reforms to restore trust and accountability to the Supreme Court:

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 recent years, the Supreme Court has overturned long-established legal precedents protecting fundamental rights. This Court has gutted civil rights protections, taken away a woman’s right to choose, and now granted Presidents broad immunity from prosecution for crimes they commit in office.

At the same time, recent ethics scandals involving some Justices have caused the public to question the fairness and independence that are essential for the Court to faithfully carry out its mission to deliver justice for all Americans.

President Biden believes that no one—neither the President nor the Supreme Court—is above the law.

In the face of this crisis of confidence in America’s democratic institutions, President Biden is calling for three bold reforms to restore trust and accountability:

  1. No Immunity for Crimes a Former President Committed in Office: President Biden shares the Founders’ belief that the President’s power is limited—not absolute—and must ultimately reside with the people. He is calling for a constitutional amendment that makes clear no President is above the law or immune from prosecution for crimes committed while in office. This No One Is Above the Law Amendment will state that the Constitution does not confer any immunity from federal criminal indictment, trial, conviction, or sentencing by virtue of previously serving as President.
  1. Term Limits for Supreme Court Justices: Congress approved term limits for the Presidency over 75 years ago, and President Biden believes they should do the same for the Supreme Court. The United States is the only major constitutional democracy that gives lifetime seats to its high court Justices. Term limits would help ensure that the Court’s membership changes with some regularity; make timing for Court nominations more predictable and less arbitrary; and reduce the chance that any single Presidency imposes undue influence for generations to come. President Biden supports a system in which the President would appoint a Justice every two years to spend eighteen years in active service on the Supreme Court.
  1. Binding Code of Conduct for the Supreme Court: President Biden believes that Congress should pass binding, enforceable conduct and ethics rules that require Justices 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. Supreme Court Justices should not be exempt from the enforceable code of conduct that applies to every other federal judge.

President Biden and Vice President Harris look forward to working with Congress and empowering the American people to prevent the abuse of Presidential power, restore faith in the Supreme Court, and strengthen the guardrails of democracy. President Biden thanks the Presidential Commission on the Supreme Court of the United States for its insightful analysis of Supreme Court reform proposals. The Administration will continue its work to ensure that no one is above the law – and in America, the people rule.

 https://www.whitehouse.gov/briefing-room/statements-releases/2024/07/29/fact-sheet-president-biden-announces-bold-plan-to-reform-the-supreme-court-and-ensure-no-president-is-above-the-law/

 There are solid reasons for these reforms:

1)    The Supreme Court’s decision to grand Donald Trump limited immunity for at least come presidential acts violates a principal that dates back to 1789, when the Constitution was first ratified

2)   Samuel Alito was born on 4/1/1950, and has been on the Supreme Court since 1/31/2006 (18 years ago), Clarence Thomas was born on 6/23/1948, and has been on the Supreme Court since 10/23/1991, 33 years ago. John Robert was born on 1/25/1955, and has been the chief justice since 9/23/2005, 15 years ago.

3)   All members of Congress are bound by a code of ethics, which was established by a bi-partisan agreement in 2008.

The Office of Congressional Ethics (OCE) is an independent, non-partisan entity charged with reviewing allegations of misconduct against Members, officers, and staff of the United States House of Representatives and, when appropriate, referring matters to the House Committee on Ethics. In all but one set of circumstances, the report and findings of the OCE Board must be publicly released.

The OCE has a professional staff consisting primarily of attorneys and other professionals with expertise in ethics law and investigations. The mission of the OCE and its Board is to assist the House in upholding high standards of ethical conduct for its Members, officers, and staff and, in so doing, to serve the American people. Governed by an eight-person Board of Directors, Members of the OCE Board are private citizens and cannot serve as members of Congress or work for the federal government.

Established March 11, 2008, by House Resolution 895, the Office of Congressional Ethics (OCE) is the first ever independent body overseeing the ethics of the House of Representatives. The OCE was formed after members of a congressional task force proposed an independent entity in the U.S. House to increase accountability and transparency. The OCE's mission is to assist the U.S. House in upholding high ethical standards with an eye toward increasing transparency and providing information to the public.

The OCE reviews allegations of misconduct against House Members, officers, and staff and, when appropriate, refers investigations to the House Ethics Committee for further review. While our two-stage investigative process is confidential, in almost all circumstances, OCE cases sent to the Ethics Committee must become public.

Since the OCE was created, its authorizing resolution has been renewed each Congress. The OCE has reviewed a wide variety of allegations relating to earmarks, travel, financial disclosure, and legal expense funds among other topics.

The OCE publishes a summary of the Board's actions on a quarterly basis. The reports and findings of the Board are made public according to the OCE's authorizing resolution. These referrals are available at the reports page. The OCE's investigations are done in two phases. Our Citizen's Guide shows how the OCE fits into the structure of government ethics enforcement. Visit our FAQs for more details on how the OCE operates.

 https://oce.house.gov/about

 

Since 1973, judges on the lower federal courts—that is, federal courts other than the Supreme Court— have been subject to a set of ethical canons now known as the Code of Conduct for United States Judges (Judges’ Code of Conduct). The Judicial Conference of the United States (Judicial Conference), the national policymaking body for the U.S. courts, adopted the Judges’ Code of Conduct to promote public confidence in the integrity, independence, and impartiality of the federal judiciary.

On November 13, 2023, the Supreme Court issued the Justices’ Code of Conduct, which was adopted by the sitting Justices. According to a statement of the Court accompanying the Justices’ Code of Conduct, the Code is intended to “set out succinctly and gather in one place the ethics rules and principles that guide the conduct of the Members of the Court,” and, for the most part, the “rules and principles are not new.” The new code contains five ethical canons: 1. A Justice Should Uphold the Integrity and Independence of the Judiciary. 2. A Justice Should Avoid Impropriety and the Appearance of Impropriety in All Activities. 3. A Justice Should Perform the Duties of Office Fairly, Impartially, and Diligently. 4. A Justice May Engage in Extrajudicial Activities that Are Consistent with the Obligations of the Judicial Office. 5. A Justice Should Refrain from Political Activity

Because the Supreme Court possesses the authority to determine the constitutionality of legislative actions, the Supreme Court itself would likely play a critical role in determining whether Congress could validly impose or enforce ethics rules on the Court. There is limited legal precedent on this issue because Congress and the Supreme Court have historically taken an approach focused on interbranch comity, declining to test the full extent of their powers in order to avoid conflict between the legislative and judicial branches. Thus, Congress has at times deferred to the Court to set court rules and procedures, and the Court has at times acquiesced to ethics legislation without formally addressing its constitutionality. It is therefore difficult to predict whether or how the Court might address the constitutionality of possible Supreme Court ethics legislation.

https://crsreports.congress.gov/product/pdf/LSB/LSB11078#:~:text=Since%201973%2C%20judges%20on%20the%20lower%20federal%20courts%E2%80%94that,for%20United%20States%20Judges%20%28Judges%E2%80%99%20Code%20of%20Conduct%29.

The worst offender of the ethics codes is Clarence Thomas. In addition to the fact that his wife Ginni was involved in  attempts to overturn the 2020 election, Clarence Thomas has accepted more than $4,000,000 from wealthy benefacts, and he also provided guidance to judge Cannon’s decision of toss out the document case.

https://en.wikipedia.org/wiki/Ginni_Thomas

More recently, he has come out in favor of overturning the Lawrence v. Texas case of 2003, which eliminated penalties for sodomy.

https://www.history.com/this-day-in-history/sodomy-arrest-sparks-controversy

Public approval of the Supreme Court has been declining, in large part to a man names Leonard Leo.

https://news.gallup.com/poll/354908/approval-supreme-court-down-new-low.aspx

In 2001, approval of the Supreme Court peaked at 62%. Today, it is 40%, the lowest total in more than 20 years.

Leonard Anthony Leo (born November 1965) is an American lawyer and conservative legal activist. He was the longtime vice president of the Federalist Society and is currently, along with Steven Calabresi, the co-chairman of the organization's board of directors.

Leo has created a network of influential conservative legal groups funded mostly by anonymous donors, including The 85 Fund and Concord Fund, which serve as funding hubs for affiliated political nonprofits. He assisted Clarence Thomas in his Supreme Court confirmation hearings and led campaigns to support the nominations of John RobertsSamuel AlitoNeil GorsuchBrett Kavanaugh, and Amy Coney Barrett.

 https://en.wikipedia.org/wiki/Leonard_Leo

 Since the reforms proposed by Joe Biden would require legislative approval, they would not likely get passed even if Kamala Harris got elected and eh Democrats eked out a narrow majority in both housed of Congress.

However, there is a simple solution to the problem with the Supreme Court:

Bribery.

Anthony McLeod Kennedy (born July 23, 1936) is an American attorney and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was considered the swing vote on many of the Roberts Court's 5–4 decisions.

 Kennedy authored the majority opinion in several important cases—including Boumediene v. BushCitizens United v. FEC, and four major gay rights cases: Romer v. EvansLawrence v. TexasUnited States v. Windsor, and Obergefell v. Hodges. He also co-authored the controlling opinion in Planned Parenthood v. Casey along with Justices Sandra Day O’Connor and David Souter.

All told, justice Kennedy was on the Supreme Court for 30 years, but was 8 years old when he retired.

Kennedy obviously was in his rights to retire, but here is an interesting fact:

Justin Kennedy worked for Goldman Sachs, and then for Deutsche Bank from 1997 to 2009; he became its global head of real estate capital markets. During his time at Deutsche Bank he helped Donald Trump secure a $640 million loan for a Chicago real estate project

 https://en.wikipedia.org/wiki/Anthony_Kennedy

Since Trump has always been a transactional individual, it is not much of a stretch to imagine that Trump paid Justice Kennedy to retire when he did.

 In my opinion, the court would be a more honest institution if Samuel Alito and Clarence Thomas both decided to retire. It’s above my pay grade to determine what incentives would be necessary to encourage that to happen – but it is certainly worth exploring.

 


 



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