this post was submitted on 25 Jul 2024
794 points (99.3% liked)

News

23413 readers
2606 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
 

Biden delivered remarks from the Oval Office outlining his decision not to seek reelection, his first on-camera remarks since making that announcement on Sunday. In addition to explaining why he is ending his candidacy, he listed off his priorities for his remaining time as president.

“And I’m going to call for Supreme Court reform, because this is critical to our democracy,” Biden said.

Multiple outlets have reported that Biden is considering proposals to establish term limits for Supreme Court justices and an enforceable ethics code for those on the high court.

you are viewing a single comment's thread
view the rest of the comments
[–] commandar@lemmy.world 18 points 4 months ago (3 children)

I think you're missing the point.

As things stand now, you get cases that are tailor made to the whims of specific people because there's a 100% chance it ends up in front of those specific people. That's an absolutely massive problem.

The point is that you're less likely to have cases that are specifically aimed at stroking any given individual's brand of crazy when there's only a ~1 in 3 chance they'll even hear it. A panel of 9 from a pool of 26 means that you go from a 100% chance that, say, Alito and Thomas, hear a case together to around 12%. That's a huge gamble when it takes years and a massive amount of money to get a case in front of SCOTUS.

No, it doesn't solve all conceivable problems with the court. But it'd help address the fact that SCOTUS justices are entirely too powerful as individuals and it can be done via simple act of Congress.

Appointees should just be subject to term limits and yearly affirmation votes by members of the BAR association to renew or revoke their qualifications

Not going to happen. SCOTUS terms are life appointments constitutionally. That means you've gotten into amendment territory which just plain is not realistic right now.

[–] CaptSneeze@lemmy.world 2 points 4 months ago (1 children)

Honest question: Could all of the other stuff you’ve suggested happen without getting into amendment territory? I honestly don’t know almost anything about where all these SC things are defined in law, but changing the way the entire SC operates sounds pretty extreme when compared with simply adding term limits. It’s hard to believe it wouldn’t also stray into some constitutional territory.

[–] commandar@lemmy.world 2 points 4 months ago* (last edited 4 months ago)

Article III only lays out there there will be a supreme court and a Chief justice and makes Congress responsible for establishing them. It does not lay out the makeup or structure of that court. The current body of 9 justices is set by federal statute and could be changed by a simple act of Congress.

Article III also explicitly states that whatever Justices are appointed hold their office as long as they maintain good behavior (I e., as long as they haven't been impeached) and that Congress cannot reduce their pay.

Term limits are explicitly unconstitutional.

Setting the number of judges is explicitly within Congress' constitutional powers.

Randomized panels would probably be challenged just because it's never been tested, but the language in the Constitution re: Congress establishing the Supreme Court is vague. That said, Congress has already established inferior Federal courts that operate in this manner, so there's precedent.

[–] GiuseppeAndTheYeti@midwest.social 1 points 4 months ago (1 children)

Supreme Court function is a hot button topic right now because of Roe v. Wade. The vast majority of Americans agree that at the very least SCJs should have term limits, so start there and force a vote on an amendment. Then if it fails, you have votes on record for the next election. Many Republicans have pro-choice, pro-union, anti-lobbying stances that aren't aware that their representative in congress would vote against because it never comes to their table in the first place. Some(not all) would change their vote from red to at least 3rd party if we were able to highlight those issues in voting records during campaign season.

And even if you feel that isn't worth the time or energy for only speculative shifts in the public vote, the opinion you're expressing is that the constitution should remain unchanged until some undetermined date in the future which may never come. And that is more damaging to the bureaucratic system than a proposed amendment failing because definitions shift over time. It wasn't too long ago that property was determined to include black people because it suited the interest of wealthy land owners in the south. Then because of that we ended up fighting a civil war.

[–] commandar@lemmy.world 1 points 4 months ago

The problem is that the process for amending the Constitution is heavily, structurally biased in favor of the Republicans now. The GOP would absolutely rally around this issue because it's one of the primary things allowing them to hang on to power right now.

I don't believe in engaging in theatrics with a zero percent chance of success when there are real, feasible steps that could be taken to make things better.

[–] Natanael@slrpnk.net 1 points 4 months ago

Appointments are for life, but I've seen arguments it's possible to "retire" justices to powerless seats so they technically keep the job and title. Or rotate them out of SCOTUS cases to the federal circuits, so they still keep their title but have the role and power of regular judges.