Thursday, August 03, 2023

Straws in the wind ... Supreme Court edition

It seems noteworthy that all three aspirants to replace California US Senator Diane Feinstein in 2024 think it will be to their advantage to campaign for reining in a rogue Republican US Supreme Court. 

Since ProPublica documented that Justices Thomas and Alito show no sign of disproving they are in the tank for their billionaire buddies, an already Trump-packed Court has cratered in public esteem.

Click to enlarge.
Decisions such as forcing pregnancy on unwilling mothers, ending Joe Biden's college debt relief program, and allowing discrimination against LGBTQ+ people by businesses operating in the public sphere didn't help raise the Court's esteem among majorities.

All three candidates endorse Congressionally-mandated codes of ethics for the Justices and limiting their tenure to 18 years. They also would look at expanding the number of Justices on the Court. Congress has the power to pass these measures. 

Here are relevant stances from the three candidates via the LATimes:

• Representative Adam Schiff: “What people know about expanding the court, they associate with Roosevelt and court packing, and I think we need to make the case that, ‘No the court has already been packed,’ and the question is whether there’s action taken to restore balance on the court,” Schiff said in an interview. 

• Representative Katie Porter: On student loan debt: "this decision came as the final blow after a week of Supreme Court decisions turning back the clock on equality and threatening the strength of our economy,” Porter’s campaign wrote. ... “This Supreme Court isn’t just conservative, it’s corrupt,” said Porter, a former UC Irvine law professor. ... After the Dobbs vs. Jackson ruling last year, which overturned Roe vs. Wade and ended a court-protected right to abortion that had existed for nearly 50 years, Porter said the “decision to overturn Roe is a direct assault on liberty, equality and justice for all.”

• Representative Barbara Lee:  She argued "last month that the court’s members can’t credibly make decisions on the weighty issues of the day when they’re 'potentially putting their own financial interests ahead of their sworn duty to uphold the Constitution.'” ... “Voters know we cannot maintain the status quo,” Lee said in a written statement to The Times. "Court reform goes beyond progressive politics — the future of our democracy is at stake.”

These strong positions don't mean that Congress can be expected to do anything to curb the runaway court right away, no matter which is elected. But they are all channeling a deep vein of disapproval. Over time, this will either push some Justices to moderation ... or change will come via the peoples' elected representatives.

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