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Marius25

(3,213 posts)
Tue Apr 25, 2023, 10:51 PM Apr 2023

What to do about a corrupt, authoritarian Supreme Court?

As you may have heard, Justice Roberts is refusing to come to Congress to address the ethics/legal scandals around his court.

And his letter basically said they're not beholden to ethics or laws, nor is it appropriate for the Supreme Court to answer to Congress because of separation of powers.

So effectively the Chief Justice has declared the Court above the law.

We'll never have enough votes to impeach and remove, and I don't see the DoJ doing anything about it.

It feels pretty hopeless to hold the Court accountable short of states just refusing to recognize their authority. That would be a Constitutional crisis though.

19 replies = new reply since forum marked as read
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What to do about a corrupt, authoritarian Supreme Court? (Original Post) Marius25 Apr 2023 OP
Pack the court before we chance losing the Senate Stinky The Clown Apr 2023 #1
You need the House to pack the court. Marius25 Apr 2023 #4
Ahhh yes... packing the court. WarGamer Apr 2023 #9
It would require more than that. onenote Apr 2023 #8
The court has already been packed. That's the problem. Mister Ed Apr 2023 #16
I wonder how they like their appropriations? C_U_L8R Apr 2023 #2
And how would that work? onenote Apr 2023 #6
Thanks for the detail. Helpful. C_U_L8R Apr 2023 #10
The GOP wants to keep creating constitutional crises. Irish_Dem Apr 2023 #3
"What to do about a corrupt, authoritarian Supreme Court?" J_William_Ryan Apr 2023 #5
So you're in favor of Congress having greater power over SCOTUS? WarGamer Apr 2023 #7
There is only one thing we can do LostOne4Ever Apr 2023 #11
GREAT plan. multigraincracker Apr 2023 #15
Expand it. orthoclad Apr 2023 #12
28 USC 1 Mike Niendorff Apr 2023 #13
Expand the court to 21 seats Fiendish Thingy Apr 2023 #14
Pass laws zipplewrath Apr 2023 #17
actually they cant, one part of the gov cant change how another part does its job thatdemguy Apr 2023 #19
Hindsight is 20/20, but a good thing to have done would be for the Left elocs Apr 2023 #18

WarGamer

(12,106 posts)
9. Ahhh yes... packing the court.
Tue Apr 25, 2023, 11:10 PM
Apr 2023

So we make it 19 Judges and the next GOP POTUS and Congress make it 55...

Maybe we'd end up with 538 Judges?

onenote

(42,383 posts)
8. It would require more than that.
Tue Apr 25, 2023, 11:09 PM
Apr 2023

With or without Feinstein, it's unlikely there are the votes to increase the size of the court.

Mister Ed

(5,896 posts)
16. The court has already been packed. That's the problem.
Wed Apr 26, 2023, 04:00 AM
Apr 2023

It's terrible messaging for us to refer to any effort to fix that problem as a Dem attempt to "pack the court".

C_U_L8R

(44,897 posts)
2. I wonder how they like their appropriations?
Tue Apr 25, 2023, 10:56 PM
Apr 2023

Seems to get the executive and legislative branches together... does the judicial branch think it's better than the rest?

onenote

(42,383 posts)
6. And how would that work?
Tue Apr 25, 2023, 11:07 PM
Apr 2023

Article III, Section 1. of the Constitution. The salaries of Supreme Court Justices can't be reduced while they're in office.

So, you'd reduce the funds available to keep the court operating (although the Justices would be paid in full). And that might result in the Court not being able to decide cases. For example, if the Fifth Circuit upholds the district court order and there is another request for a stay pending Supreme Court review, maybe the Court doesn't have the resources to address that case and leaves the fifth circuit order standing?

Pretty sure that's not what you're going for. But it might be what you'd get.

C_U_L8R

(44,897 posts)
10. Thanks for the detail. Helpful.
Tue Apr 25, 2023, 11:10 PM
Apr 2023

So it seems they are indeed more special. No wonder they don't think ethics apply to them.

Irish_Dem

(45,640 posts)
3. The GOP wants to keep creating constitutional crises.
Tue Apr 25, 2023, 10:58 PM
Apr 2023

And to destroy our democratic institutions.

Right out of the Putin KGB handbook.

J_William_Ryan

(1,736 posts)
5. "What to do about a corrupt, authoritarian Supreme Court?"
Tue Apr 25, 2023, 11:06 PM
Apr 2023

Resort to the political process, abandon the judicial.

Win elections; win control of states; win and retain control of Congress and the WH.

Make a compelling case to the American people; make the Supreme Court irrelevant.

WarGamer

(12,106 posts)
7. So you're in favor of Congress having greater power over SCOTUS?
Tue Apr 25, 2023, 11:08 PM
Apr 2023

Always think of the "shoe on the other foot"...

If the GOP takes the Senate in 24, which they might... are you in favor of Ted Cruz and Rand Paul abusing their power vs the Left leaning SCOTUS Judges?

LostOne4Ever

(9,267 posts)
11. There is only one thing we can do
Tue Apr 25, 2023, 11:10 PM
Apr 2023

Win Elections.

Win house, senate, and the presidency by the biggest margins possible. Take back state governments.If we get all of that we can pass new constitutional amendments. This is nearly impossible though.

If we just get the presidency, house, and senate we can add seats to the SC. Of course this is easier said than done. We would need a miracle for this.

If all we do is get and hold on to the presidency eventually Thomas and Alito’s seats will open up and we can replace them. But that is going to take a long long time.

So in the mean time gtvo, stump, donate, and most importantly vote Blue no matter who!!!

orthoclad

(2,875 posts)
12. Expand it.
Tue Apr 25, 2023, 11:13 PM
Apr 2023

ASAP.

What happened to that case before the court giving state legislatures the right to determine elections?

Mike Niendorff

(3,447 posts)
13. 28 USC 1
Tue Apr 25, 2023, 11:30 PM
Apr 2023

Expand the Court.

This requires retaking the House in 2024, expanding the Senate majority so that the filibuster can be eliminated (ie: get rid of the Manchin/Sinema roadblock), and obviously holding the White House.

I think that all of these are well within reach NOW, not even taking into account the effect of the indictments that are about to rain down on the historically corrupt Republican Party.

But assuming this can he done, the first order of business in 2025 should be changing 28 USC 1 to set the number of SCOTUS Justices to 13. Then fill those seats immediately and begin to fix the damage the current Packed Court has wrought.

MDN

Fiendish Thingy

(15,369 posts)
14. Expand the court to 21 seats
Wed Apr 26, 2023, 12:29 AM
Apr 2023

And make any individual Justice next to irrelevant.

Probably can’t get it done until 2029, when President Whitmer will sign the legislation expanding the court and appointing 12 new progressive justices in her first 100 days.

zipplewrath

(16,646 posts)
17. Pass laws
Wed Apr 26, 2023, 11:48 AM
Apr 2023

Congress has the authority to pass laws dictating how the courts are ruled. They could make laws about the conduct of justices.

thatdemguy

(451 posts)
19. actually they cant, one part of the gov cant change how another part does its job
Wed Apr 26, 2023, 07:37 PM
Apr 2023

when the job is written in the constitution.

Packing the court as was said is dangerous, as it can be done by both sides.

elocs

(22,474 posts)
18. Hindsight is 20/20, but a good thing to have done would be for the Left
Wed Apr 26, 2023, 02:17 PM
Apr 2023

to have turned out to vote for Hillary in '16 like she would lose, which she did. I wonder if we've learned our lesson about voting and to do it like it was our duty?
Control of SCOTUS has long been important for Republicans and they played the long game concerning it while too many of us on the Left became complacent. Next year's election will be my 14th presidential election and I have always voted for the Democratic Party nominee even when I didn't particularly like the person because they were always better than the Republican and the winner of any election will be either the Democrat or the Republican.

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