my new content News Here are the details of the administration’s newly announced “reform” to the U.S. Supreme Court. Details of the announcement were sparse, and there are likely to be better and worse directions Democrats could take. So far, the Biden/Harris team has refused to support progressives’ most favored proposal to expand the Supreme Court, but even so, it would be a significant shift to the left for the White House as we head into the 2024 elections, and one that makes clear that If Democrats succeed in taking control of Congress and the White House, aggressive attacks on the Supreme Court will be on the agenda.
Once again, those who care about constitutionalism are reminded that there are no good options on the ballot this year.
Judging from the works:
As a constitutional norm, statutory tenure in the current circumstances actually poses a serious challenge to judicial independence. The current White House has not been shy about saying it wants to oust the judge from the court because it is dissatisfied with the substance of his decision. Perhaps there might be a neutral rationale for setting a mandatory retirement age to avoid the problem of frail judges, but the current proposal is not politically neutral. They remembered that a leader of the Jeffersonian Senate once told John Quincy Adams that Federalist judges needed to be impeached because, “we want your officewith the aim of handing them over to someone who can better satisfy them.
Read the whole thing here.
