Author Topic: Biden's Commission on SCOTUS ---  (Read 670 times)

0 Members and 1 Guest are viewing this topic.

Offline Eupher

  • Hero Member
  • *****
  • Posts: 24894
  • Reputation: +2828/-1828
  • U.S. Army, Retired
Biden's Commission on SCOTUS ---
« on: December 07, 2021, 11:27:39 AM »
...they take NO POSITION on court packing.

Sorry, no link. Read part of the story on the Epoch Times web site.

ETA - It's MSN, so take it with a grain of salt.

Quote
President Joe Biden's U.S. Supreme Court Commission has released a draft report signaling "profound disagreement" regarding the size of the nation's highest bench but offering a more sympathetic view to the possibility of term limits for justices.

The bipartisan commission of legal experts was established to analyze the fundamental framework of the nation's highest court to determine whether changes should be made at a time when polls show public approval of the Supreme Court has dropped significantly in recent months. The commission will convene Tuesday to discuss and vote on whether to approve sending the report to the president.

The report spans hundreds of pages for court reform suggestions that legal experts have discussed since April via scheduled Zoom meetings. More than 30 members of the commission from various backgrounds arranged the report into several chapters, the most prominent for debate being the topics of "packing" new justices on the panel and imposing term limits for the bench.

Supporters of court expansion claim it is "necessary to address serious violations of norms governing the confirmation process and troubling developments in the Supreme Court's jurisprudence that they see as undermining the democratic system," according to the report.

BIDEN'S SUPREME COURT COMMISSION 'DIVIDED' ON PACKING THE COURT

Opponents say expanding the court would "significantly diminish its independence and legitimacy and establish a dangerous precedent that could be used by any future political force as a means of pressuring or intimidating the Court."

More at the link.

https://www.msn.com/en-us/news/politics/supreme-court-commission-signals-profound-disagreement-on-court-packing-ahead-of-tuesday-vote/ar-AARzf0H
« Last Edit: December 07, 2021, 11:30:39 AM by Eupher »
Adams E2 Euphonium, built in 2017
Boosey & Co. Imperial Euphonium, built in 1941
Edwards B454 bass trombone, built 2012
Bach Stradivarius 42OG tenor trombone, built 1992
Kanstul 33-T BBb tuba, built 2011
Fender Precision Bass Guitar, built ?
Mouthpiece data provided on request.

Offline Mr Mannn

  • Hero Member
  • *****
  • Posts: 14885
  • Reputation: +2646/-276
Re: Biden's Commission on SCOTUS ---
« Reply #1 on: December 07, 2021, 01:30:33 PM »
Quote
Opponents say expanding the court would "significantly diminish its independence and legitimacy and establish a dangerous precedent that could be used by any future political force as a means of pressuring or intimidating the Court."
Well. Well. Not even a Lefty pretend commission can rubber stamp court packing.

Offline DLR Pyro

  • Hero Member
  • *****
  • Posts: 9234
  • Reputation: +1418/-29
Re: Biden's Commission on SCOTUS ---
« Reply #2 on: December 07, 2021, 03:14:31 PM »
Quote
but offering a more sympathetic view to the possibility of term limits for justices.
is the term of a SCOTUS Justice codified in the U.S. Constitution or some other document?
Biden is an illegitimate President.  Change my mind.

Police lives matter.

Basking in the glow of my white privilege

ProudDad Donating Member (1000+ posts) Wed Mar-09-11 08:50 PM
64.I'd almost be willing to get a job in order to participate in
A NATIONAL GENERAL STRIKE
  https://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4763020

Offline Mr Mannn

  • Hero Member
  • *****
  • Posts: 14885
  • Reputation: +2646/-276
Re: Biden's Commission on SCOTUS ---
« Reply #3 on: December 07, 2021, 03:21:39 PM »
is the term of a SCOTUS Justice codified in the U.S. Constitution or some other document?
YES. Lifetime appointment. Designed to keep them free from influence.

Offline Eupher

  • Hero Member
  • *****
  • Posts: 24894
  • Reputation: +2828/-1828
  • U.S. Army, Retired
Re: Biden's Commission on SCOTUS ---
« Reply #4 on: December 07, 2021, 05:06:40 PM »
YES. Lifetime appointment. Designed to keep them free from influence.

At the risk of being nitpicky, Article III, Section 1 doesn't specifically state "lifetime appointment" or anything approaching that.

Quote
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

It's been interpreted that way, as you point out, but it's a stretch to say that lifetime appointments are "codified."

It's absolutely true that this interpretation for "lifetime" appointment or until resignation or impeachment is intended to keep those judges impartial, but I ask -- howzat workin' out?

We all know that all 9 of the justices lean one way or another. Kennedy was the so-called "swing" voter, and Thomas is most definitely in the conservative camp as Sotomayor is in the "liberal" camp. Could argue that Roberts is a swing voter, but based on his own voting record especially regarding Obamacare, I put him squarely in the "liberal" camp.

https://constitution.congress.gov/constitution/article-3/
Adams E2 Euphonium, built in 2017
Boosey & Co. Imperial Euphonium, built in 1941
Edwards B454 bass trombone, built 2012
Bach Stradivarius 42OG tenor trombone, built 1992
Kanstul 33-T BBb tuba, built 2011
Fender Precision Bass Guitar, built ?
Mouthpiece data provided on request.

Offline Eupher

  • Hero Member
  • *****
  • Posts: 24894
  • Reputation: +2828/-1828
  • U.S. Army, Retired
Re: Biden's Commission on SCOTUS ---
« Reply #5 on: December 08, 2021, 03:43:24 PM »
The nearly 300-page report was approved by all 34 members and will be sent to #SharterJoe.

He ain't gonna like it.

Upshot:
  • No position on court-packing. The "commission" was just as divided as the rest of the country.
  • Term limits - Congress would need to get its head out of its ass and determine unintended consequences should it gravitate toward implementing same. In short, if it ain't broke, don't fix it. (My characterization through the double-speak, though YMMV...)

Adams E2 Euphonium, built in 2017
Boosey & Co. Imperial Euphonium, built in 1941
Edwards B454 bass trombone, built 2012
Bach Stradivarius 42OG tenor trombone, built 1992
Kanstul 33-T BBb tuba, built 2011
Fender Precision Bass Guitar, built ?
Mouthpiece data provided on request.

Offline Mr Mannn

  • Hero Member
  • *****
  • Posts: 14885
  • Reputation: +2646/-276
Re: Biden's Commission on SCOTUS ---
« Reply #6 on: December 08, 2021, 10:54:56 PM »
The nearly 300-page report was approved by all 34 members and will be sent to #SharterJoe.

He ain't gonna like it.

Upshot:
  • No position on court-packing. The "commission" was just as divided as the rest of the country.
  • Term limits - Congress would need to get its head out of its ass and determine unintended consequences should it gravitate toward implementing same. In short, if it ain't broke, don't fix it. (My characterization through the double-speak, though YMMV...)


On the other hand. Congress can just go ahead and do what they want regardless of the commission says.
This is a power play, and the commission was just for show.
I expect they will attempt to pack the courts anyways.