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.
If I understand the supreme court correctly, Biden could just shoot Roberts, Alito and Thomas and call it court reform, right? That makes it an official act?
Ironically if he did that and appointed new liberal justices, there’s a good chance the new Court would overturn this Court’s decision, and he could be convicted of murder and probably violating several other federal laws for that act.
I think there is something in the constitution about not being able to charge someone criminally for something retroactively, that wasn’t a crime at the time it was committed.
Found it! Article 1, section 9, clause 3.
Ex post facto is for if a new law is passed making something a crime, and the act was committed before its passage. This is all about interpretation of already passed law. It’s basically the justices saying that this was against the law the whole time. Ex post facto doesn’t apply here.
but nothing, nothing can come in the way of saving our democracy
- Joe Biden
Come on, Joe! Go out with a bang!
No laws have been changed. Court decisions are not considered the passage of a law, so ex post facto doesn’t apply. Changes to how laws are interpreted don’t factor into ex post facto considerations.
However, the justices that make that distinction relevant would no longer be able to do so?
So, to answer seriously: if it’s an explicit presidential power he gets total personal immunity, although the office can still be restricted. If it’s an official act, he’s presumed to have personal immunity unless the prosecutor can argue that there’s no way that not having immunity could get in the way of doing the job of president, and they’re not allowed to use motivation to make the case.
The president isn’t given the explicit power to reform the courts.
He’s given explicit power to command the armed forces, but the rules of the armed forces are decided by Congress.
So it’s a question arguing how “the president can’t kill members of the judiciary” doesn’t hinder the power of the executive branch without referencing why the president is killing them.
Biden is allowed to kill Supreme Court justices because he might need to Navy SEAL people for security reasons. Allowing litigation on Biden’s SEAL powers would irreparably restrict Biden’s agency as commander in chief and would literally cause a 9/11
I’m horrified to agree that that’s actually a valid argument.
Judicial review of the established presidential power to direct the military to kill, ahem, “designate as a clear and immediate threat”, specific individuals in an emergency to protect the country would legitimately undermine the presidents power to defend the integrity of the nation.
Goddamn was that a stupid fucking ruling.
Would it literally? Like hijacked foreign planes flying into buildings? Like invading countries for oil? Literally?
No need to do it himself. Order assassins to do it as an official act, then immediately pardon them.
I was hoping for that.
He’s a lame duck now. That means he’s free to pursue policies that will add to his legacy, and without having to give even the tiniest shit about what the establishment and the donor class might think about it.
You can tell the repubes were
A. Caught of guard by this and
B. Have no idea how to handle it.
I’m even wondering if the timing was intentional. Right after the RNC convention and they took all the momentum from Trump in one single announcement. Maybe they lined to the donors to pump up the donations right after the announcement to gain more momentum. If so, it was really genius.
Add 2 seats to the bench, and then add 13 total judges. 11 of 22 judges are selected at random to determine the case. The non voting judge opinion becomes part of the case law, as well as an intercollegiate constitutional scholar opinion
This matches the broad strokes of the approach I favor as well.
There are 13 Federal circuits. Expand to one justice per circuit, then double that.
But the core of the approach, regardless of the exact number, is to shift to having cases heard by randomized panels of judges. The amount of power wielded by individual justices right now is just insane. Dilute it down so that the power rests with the body rather than individuals.
Further, randomizing who hears any given case would help curtail the current environment where test cases get tailored to the idiosyncracies and pet theories of individual judges.
SCOTUS should be deciding cases based on rational reading of the law, not entertaining wing nut theories that Thomas or Alito hinted at in previous decisions. That sort of nonsense becomes a lot less feasible if there’s no guarantee a case will actually end up in front of Thomas or Alito.
So what happens when the judges chosen for a case interpretation end up being 7-2 in one party’s favor? Conservatives would be sitting at the slot machines in a diaper pulling the lever until they hit a jackpot. It’s not like making them sit out of some cases based on a lottery is going to make them any less hypocritical or prone to power tripping and bribery. They’ll just wait their turn.
Appointees should just be subject to term limits and yearly affirmation votes by members of the BAR association to renew or revoke their qualifications. That way members of the public that are still well versed in law are able to hold them accountable.
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.
If you triple instead of double that you could have a three judge panel (like federal districts do) that could rule on smaller cases that come out of that circuit. Then, if needed, they could call a full 9 - 11 judge panel if it’s a larger topic. This would also allow them to hear many more cases than they currently do, which has been a problem for decades.
I’d be in favor of more. 26 is just because I think there’s a very easy argument to make for “every circuit gets direct representation on SCOTUS” and it’s not a huge leap to go to two per circuit from there.
Increasing throughput is definitely one of the reasons I’d support doing this as well. Thanks for highlighting that since I didn’t.
A modern day Cincinnatus, the Supreme Court just made him a consul and he just chose to go back to being a common man for the good of the republic.
If this plays out, he’ll go down in history books as the man who sacrificed himself to save Democracy.
From what I understand Cincinnatus gave up his dictatorship because he just liked to farm, and while he was an effective and generally good leader, he just liked to farm.
Who wouldn’t?
Out in the fresh air, soil in your hands, working the land to bring forth food.
Or
Court intrigue, back stabbing (literally sometimes), mountains of paperwork, assholes attacking your country at times. That shit would get old quick.
Don’t be so quick to rush into farming. I went from IT to farming and just spent 3 hours in the ER getting stitched back up, for about the 4th time in 5 years, and I’m probably ahead of most.
It ain’t a safe occupation. I should do something less hazardous like being a cop.
Many great leaders want peace and quiet at some point. This resonates with me for sure.
He should work on all of these:
Term limits for Supreme Court
Abolish Electoral college
Restrictions on corporate real estate investing
Forgive student loans
Restrictions on members of government trading stocks
What’s the average amount of student loan forgiveness that students have received? Do you think it is more or less than a months rent?
Unfortunately blanket student loan forgiveness keeps getting blocked by republicans in congress or judges they’ve appointed. They’ve only been able to provide relief to those who need it most. I know I haven’t gotten any. But that’s why average isn’t a great metric to use here-- I don’t need it, others do. Not to mention, average in terms of what-- absolute monetary value? Proportion of money received compared to total loan balance? Compared to original loan balance before interest?
The first two of those will require constitutional amendments. That’s a years-long process.
Not really. There’s a popular vote interstate compact that is designed to bypass a constitutional amendment. Basically, the law says that once enough states agree to it, meaning to total electoral votes reaches 270, their votes go for whichever candidate won the popular vote.
I am well familiar with that one, but that is a state-level endeavor, and I’m not sure that Biden, as a federal office-holder, should be involved in that.
There’s already a state-level effort on #2 that’s pretty far along: https://en.wikipedia.org/wiki/National_Popular_Vote_Interstate_Compact
Ranked choice voting in all national elections.
Electoral districts by GIS hexagon mapping.
NTRA, National Railroad Trackage Rights Act, which allows any railroad to run on any other railroad’s trackage and service any customer to promote competition.
Death penalty for any self-identified religious person violating any rule in their religion.
1 million dollar fine for each falsehood or misleading statement on broadcast media, including entertainment and drama. Normalizing lying has to stop.
All theft and burglary convictions, including white collar, require making whole of all consequences to the victims instead of incarceration.
National Police Registry (NPR) for all enforcement personnel.
