Biden Planning New Assault On Supreme Court Independence
So much for lowering the political temperature: “Look, it’s not, it’s not hyperbole to suggest Trump is literally an existential threat, an existential threat to the very constitution of democracy we, we say we care about…. especially with that Supreme Court.”
Attacking and trying to delegitimize the Supreme Court has become an obsession for Democrats for one and only one reason: There is a conservative majority. What they can’t control, they seek to destroy.
Chuck Schumer infamously threatened conservative Justices.
Justice Kavanaugh almost caught the wirlwind when a gunman whipped into a frenzy by Democrat vitriol showed up at his home with a gun and a plan to kill him, as other protesters encouraged by Democrats protested at other conservative Justices’ homes.
Democrats also have threatened court-packing, term limits, and trying to impose an ethics code that would expose the conservative Justices to lawfare.
It seemed that the Supreme Court stalkers had settled down a bit, but Biden is desperate. He needs to fire up Democrats, who are much less enthusiactic about him than Republicans are about Trump.
So Biden reportedly plans to roll out a new assault on Supreme Court independence:
President Biden is seriously considering legislative proposals that would dramatically alter the Supreme Court, including imposing term limits and an enforceable code of ethics on the justices, according to a person familiar with the ongoing discussions.
Mr. Biden’s proposals to overhaul the court, which could be unveiled in the coming weeks, would need congressional approval, something that is likely to be a long shot given Republican control of the House and the slim Democratic majority in the Senate….
In a virtual meeting over the weekend with members of the Congressional Progressive Caucus, Mr. Biden said he was considering changes to the court but did not provide any specifics to the lawmakers.
“I’m going to need your help on the Supreme Court, because I’m about to come out,” he said, referring to the proposals under consideration. “I don’t want to prematurely announce it, but I’m about to come out with a major initiative on limiting the court and what we do.”
He added: “I’ve been working with constitutional scholars for the last three months, and I need some help.”
The likelihood of the assault succeeding is slim:
No, Biden can't term limit Supreme Court justices. pic.twitter.com/cUZOBAjKzI
— Margot Cleveland (@ProfMJCleveland) July 17, 2024
Term limits and an ethics code would be subject to congressional approval, which would face long odds in the Republican-controlled House and slim Democratic majority in the Senate. Under current rules, passage in the Senate would require 60 votes. A constitutional amendment requires even more hurdles, including two-thirds support of both chambers, or by a convention of two-thirds of the states, and then approval by three-fourths of state legislatures.
Success, however, is not the point. Biden needs an enemy to run against. That’s harder now that the near-assassination of Trump has cause direct public campaign attacks on Trump to be put on pause.
But that didn’t stop Biden from using inciteful rhetoric behind closed doors when preparing his plan:
“Look, it’s not, it’s not hyperbole to suggest Trump is literally an existential threat, an existential threat to the very constitution of democracy we, we say we care about. And I mean if this guy wins, he’s not, and now, especially with that Supreme Court giving him the kind of breadth of — I don’t need to get into the Supreme Court right now — anyway, but I need your help,” Biden said, according to a source who provided this excerpt.
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Comments
He goes more bonkers every day. I can just imagine what he’ll be spouting next week.
He is becoming truly dangerous.
These kinds of desperate statements are the Death Throes of his inner-circle. I still think he won’t be the nominee and the people in the West Wing (are beginning to) understand it even if Biden doesn’t.
They’re trying to force a vote, as early as next week to make him the nominee. Let’s see if Democrats roll over for the Biden machine or if they find a spine.
DNC just announced they will abandon their plan to nominate Biden virtually, ahead of the convention. A Congressional revolt was building among the DNC House caucus in particular, about the plan to nominate him virtually. DNC ceded to that pressure, apparently. DNC convention is shaping up to be the most chaotic (inside the hall) since the 1950s.
Oh no, he SHOULD be the nominee! They wanted him in place so they could control everything that the President does and there is no way we should allow them to ditch this guy now his mental health issues can no longer be hidden!
Democrats DESERVE this guy as their nominee. The metaphors write themselves!
He won the democrat primary. He IS the nominee. Unless they want to disenfranchise their voters (sometimes I crack myself up). Unless they 25th Amendment him, which I only see as a last resort. I don’t think they’re there yet.
After he was shot other people decided not theey wanted to pass this turn. There is no one to replace him.
That could be the wrinkle. But, I suspect if someone does the dirty work, there probably isn’t any shortage of Dem vultures who would gleefully pick through the Biden carrion. Newsom comes to my mind immediately.
Yes, Dems are dangerous.
“Trump is literally an existential threat, an existential threat” to their power and gravy train,
He is a mental retard. He is being told what to say. The truly dangerous people are the deep state zealots with their arm up his ass.
Keep yelling at them clouds, Abe! You’re looking saner every day!
He’s just the mouthpiece. This is the Dem leadership who pull the strings. They are bonkers in that they believe that “democracy” is whatever they want/believe. They chose to ignore history and they chose to redefine terms. They are desperate to keep their power. Wouldn’t be surprised if there was a plot behind the assassination attempt that went all the way to the WH staffers.
The real existential threat to democracy (not that we have a democracy) is millions of unvetted, illegal immigrants voting and influencing the political landscape. Unverified ballots is another one of those threats.
Democrats simply don’t understand history, or chose to ignore it. The only reason they won in 2020 is because of the lies regarding the Charlottesville comments and the now-known false premises of the Mueller investigation. They took comments out of context and twisted Trump’s actual words to fire up. They laid knowingly false allegations of Russian collusion, when in fact it was Hillary’s campaign working with multiple foreign governments.
There is a complete disregard for law and fact across the Democrat party. By and large, they hate America. They hate the freedoms that the Constitution protects. They are power hungry and are unwilling to let anyone who doesn’t agree with them have any modicum of control over their own lives.
Grizzly – slight disagreement with your assessment
A) Biden’s dementia and/or alzhiemers is too far advanced for Biden to have gone “more bonkers”. Is highly unlikely he has any concept of what he said.
B) its the democrat progressives (obama machine) that put out the proposal. It may have had Bidens name on it, but it was the Obama machine that put it out.
Biden is not truly dangerous – its the entire democrat party that is dangerous.
MORE dangerous
I don’t think Biden has enough cognitive presence to formulate any plan. I think he is being lead around by the nose. This issue is that those around him are bonker and can’t understand why they are losing and now they are getting desperate.
It’d be nice if the R’s used this to say “Your vote is needed now more than ever to keep FJB from trashing the Constitution”. But I’m not gonna hold my breath. Still, I hope…..
“That’s not who we are!”
– Mitch McConnell (probably)
“We’re losers.”
Looks like Article III, Section 1 (at least) of the US Constitution would be a dead letter in a Biden/Harris 2nd term. Whenever the Democrats manage to hold the White House and houses of Congress again, they’ll nuke the filibuster, pack the court and then destroy civil liberties with the ferocity of Godzilla moving through a Japanese fishing village.
Maybe they’d try, but civil wars have started over a lot less than what they have in mind.
Remember, when a kaiju comes to town, do not run away in front of it. Run away to the side, then get behind the kaiju. Have you ever seen a kaiju turn around, and go over ground the it’s already destroyed?
I simply do not see how the Congress could pass a bill mandating term limits in light of the clear language in Article III, section 1. Perhaps someone can explain? There has to be some 3-D chess going on here; the alternative is that the Dems are so desperate that they’re just making sh!t up.
Communists don’t care about words written on paper that are meant to restrain them.
There are certain people who can never, never see the light until it shines through the bullet holes.
Think about the scope of their crimes, they know better than us, and they know that eventually we will bring them to justice.
It can’t. The NYT misreported, probably out of ignorance. If he’s actually been consulting constitutional scholars, then the proposal will be for a constitutional amendment, not for legislation; but that has no chance at all of passing.
Not if he was consulting the same erudite leftist scholars that laughed at according President Trump immunity for official acts, had him barred from the ballot for an “insurrection,” and would have allowed the DOJ to continue its statutory perversion of an evidence tampering statute to target J6 protesters.
Would those be the same scholars who told Quid Pro Joe he didn’t have to pay any attention to the SCOTUS ruling on his lack of power to forgive student debt? At the least they apparently told him the decision only applied to that one effort and had no precedence regarding other student debt forgiveness efforts.
They were right. The ruling has no relevance at all to any other program with a similar goal.
People probably are. He just doesn’t care.
I think he is doing exactly what his handlers are telling him to do, because he doesn’t have enough unaffected brain left to do anything else.
“The Constitution provides that judges “shall hold their Offices during good Behaviour.” The term “good behaviour” is interpreted to mean that judges may serve for the remainder of their lives, although they may resign or retire voluntarily. A judge may also be removed by impeachment and conviction by congressional vote (hence the term good behavior); this has occurred fourteen times. Three other judges, Mark W. Delahay,[8] George W. English,[9] and Samuel B. Kent,”
https://en.wikipedia.org/wiki/Article_Three_of_the_United_States_Constitution
Short of an amendment to the constitution, supreme court term limits seem impossible as any law passed to such an end would be reviewed by the supreme court and declared unconstitutional.
And then there’s Alcee Hastings, Impeached and Convicted as a Federal Judge. Unfortunately, though it was an option, the Senate did not include a bar to holding future Federal office in his conviction and removal from the Federal bench for taking bribes and perjury (IIRC). And so Alcee is still an elected (and re-elected some 14 times) US Representative in Congress.
Even if it had included that, it would only apply to appointed offices, not to elected office. Representative is not an “office under the united states”.
The latter.
Is this how Joe Biden lowers the rhetoric temperature? He seems to have learned the lesson well from Joseph Goebbels: “Repeat a lie often enough and it becomes the truth”,
Well, he has been lying to himself that he’s is sane. He doesn’t even know what time it is, let alone what day it is.
Oh, he knows what time it is. He checks his watch every time he’s around a dead veteran
So the guy who has been squatting and grifting in some political office in DC for 55 years says we need term limits and ethics code for the Supreme Court …. Unbelievable for even that dementia patient
What you expect self awareness from anyone on the left? Not bloody likely.
Meet America’s totalitarians aka Democrats. Any person or institution that opposes their agenda of control is systematically assaulted verbally in speeches and through the media propagandists. If that doesn’t work they give a wink and a nod to their troops in the streets to physically harass and intimidate anyone who dares oppose them. They are going to get more people killed.
All right jackass, you can have Supreme Court term limits AFTER you pass Congressional term limits.
It would probably be easier to put them in the same amendment.
They will try to pass legislation that defines “good behavior” to mean whatever they can use to get rid of the “problematic” justices.
Yeah, they can’t do that. See City of Boerne v. Flores.
Milhouse – I can read that decision, but my humble brain can only read the words…Mongo no so good at comprehension . Could you give me the gist at the 8th grade level or below, please?
Appreciate it, thank you.
Congress passed a law embodying its interpretation of the constitution. City of Boerne says that interpreting laws, including the constitution, is an exercise of the judicial function, and that belongs to the judiciary, not to Congress. Any attempt by Congress to interpret the constitution — or even an ordinary statute — is automatically invalid. (If Congress disagrees with a court’s interpretation of a statute it can always pass a new one that says what it wants it to say, but it can’t pass one that says the old one means what it thinks it means. Obviously it can’t do that with the constitution.)
Thank you Milhouse!
What Hodge said/asked. Thanks.
Agreed.
But that will not stop them from trying.
Or at least from SAYING that they will try. All electioneering theater.
dnc brownshirter schmuer threatened scotus conservatives
we all know it
the doj knows it
What’s the DOJ got to do with it? It wasn’t a crime.
Yah and Trump didn’t threaten “our Democracy” on J-6 and lead an insurrection to overthrow the government but those facts sure didn’t stop the DOJ and the Dems
That wasn’t a crime either, and the DOJ knows it damn well. It’s just been pretending otherwise. In Schumer’s case it has no interest in pretending; it correctly sees that it has no business even inquiring into it because there’s no possible crime. A future GOP-led DOJ, if it is to be honest, would have to take the same view; and if it isn’t to be honest then it doesn’t deserve to exist.
so then you just negated your first response to my post
as you then wrote
“wasnt a crime either and the doj knows it”
EXACTLY
so
Are you thick, or what? You claimed that Schumer threatened the justices and that DOJ knows he did so. The only possible interpretation is that he committed a crime and DOJ has a duty to prosecute him. That is the only reason to mention the DOJ. But the exact opposite is true. He did not commit a crime, so the DOJ is irrelevant. Not only does it have no duty to prosecute him, it has a duty not to, just as it had a duty not to prosecute Trump.
Revealing? “…. an existential threat to the very constitution of democracy we, we say we care about.” …. but demonstrate on a daily basis that we have no respect for whatever.
Isn’t this scheme of his a threat to democracy?
How about term limits on Senators and congressman? How about age limits on Presidential candidates? How about no 10% for the “Big Guy”?
FJB
How about a minimum IQ standard, Congress has been flooded with people too stupid to do anything productive.
It’s really starting to look it’s like the “House of Representin'” from Idiocracy
The 3 ignorant adolescents running JoeBama’s X account: Separation of powers be damned. We’ll take this all the way to scotus!
SCOTUS: Uh, guys?
Biden* doesn’t propose anything. He is merely the mouthpiece – when he is not mangling the script, that is.
Uh huh.
The thing is- down ticket dems are keeping appropriate distance from Pres. poops-in-pants. The dems who aren’t vulnerable have to help the vulnerable because they will have an unfathomable minority- so any leftist woke agenda at this point is a deader than they wish Trump had been.
Go see the school nurse Joe, she might have a fresh pair for you. Your probably eating lunch by yourself till the end of the school year… I mean election year.
Maybe grab a seat by Jimmy. He’ll love the company.
People don’t come to him any more to make deals. His cash flow is dryng up. The nation already thinks of him as an ex-president walking.
Even if he decides to end his campaign, there is no serious candidate who will volunteer to be the sacrificial lamb in November. Maybe some city councilmember from some failed blue city, but no one with any credibility.
The Party won’t spend a dime on the presidency this year. The only one with any money to spend on it for Biden is Biden himself.
It would be great to 10% and the rest of his crooked family’s assets taken. Nothing would bother them more.
D’s loved the courts when they were getting their agenda advanced through “opinions” when they couldn’t get them passed in any legislature – even in the deepest blue States.
Now that a few of those garbage opinions have been tossed in the scrap heap of history, suddenly the courts are a “threat to democracy” – by which they mean, of course, totalitarian rule by Democrats.
The actual threat to our REPUBLIC comes, as always, from the Left and their determination to maintain power by any means necessary.
NYC resident @JewishWarrior13 puts Biden’s assault on SCOTUS in its proper context at
https://x.com/JewishWarrior13/status/1813351832053289427
“The hypocrisy of Biden: he and his admin attacked Bibi and the Israeli government for months before 10/7 because of the proposed judicial reform to the Israeli Supreme Court, claiming (as always) it would be the “end of Democracy,” undermining Bibi and inflaming the riots against him. So today, the pudding brain unveils his “reform” to the SCOTUS, and guess what? It’s not the “end of democracy”… for the left. When they do it, it’s for Democracy…FJB”
American leftists, including Biden and his handlers, think that many Americans are plain stuuuuuupid.
America polling showing Democrats polling at over 40% indicates that the leftists are correct.
Many Americans are plain stupid and we know who they are because they vote D.
I gave been in favor of term limits for federal level judges at 30 years cumulative at any and all levels and 20 years at the federal legislative level for a long time. However it would have to be done via constitutional amendment process like how we came to limits on the president.
Current members would have some type of sunset clause so we aren’t losing many of the current office holders all at once.
term limits dont work
its the agenda that matters
Term limits would need more than congressional approval; it would need a constitutional amendment. Which is not happening, no way, no how.
Traitor Joe is planning to term limit SCOTUS justices the same way he and his junta tried to term limit Trump. Traitor Joe almost got his first one with Kavanaugh. It was only that the guy changed his mind at the last moment and turned himself in (to suffer about the same consequences as if he had gone through with it). Very odd. Very lucky but very odd. Joe sees no problem running that same play when he decides a justice is term limited out.
People are eventually going to realize that Traitor Joe is a complete SOCIOPATH! I am speaking clinically. He is crazy and he has no human emotions, to speak of. He plays at being human.
People will realize this and then they finally understand that America had a bullet graze our temple. That’s the optimistic possibility …
Joe Biden is a sick, sick dude. He is crazed. Most people don’t really have even an inkling of how bad the situation really is.
There is no need for term limits on federal judges or justices because they can be removed by impeachment. It is a shame that many judges have been allowed to stay on the bench as they have, clearly, made a mockery of the Constitution and the Rule of Law, but that blame goes to the Congress.
Of course, we just have someone who was confirmed as SCOTUS justice who clearly lied, stupidly, about not knowing how to define what “a woman” is, in addition to a justice who was confirmed on the basis that ’empathy is legitimate criteria for basing a judicial decision on’, so I would say that we are just f***ed, because that’s just crazy stuff.
They can only be removed for bad behavior, not because Congress doesn’t like their rulings. Removing them for that by calling it “bad behavior” would violate judicial independence. If Congress tried removing a judge for that, the Supreme Court would probably strike it down; if it tried removing 6 supreme court justices, they would probably refuse to go.
Making a mockery of the Constitution is certainly “bad behavior”. All normal people understand this. It is an abuse of their judicial power. Abusing power is, in any normal person’s vernacular, “bad behavior”, at the very least.
LOL. You like to just make lots of stuff up and state it as if it’s a fact but this probably takes the cake. What would possess you to even make such a ridiculous claim?
“Making a mockery of the Constitution is certainly “bad behavior”.”
Yea, that hasn’t happened. In fact it can’t happen because they are the interpreters of the constitution. In other words their ruling as long as it stands is the correct interpretation. You disagreeing with their interpretation isn’t them making a mockery, it you being butthurt.
“What would possess you to even make such a ridiculous claim?”
I think you need to look up how the word “if” is used in the english language. Milhouse made no “claim” he presented a hypothetical as evidenced by his use of the word “if”.
I wouldn’t go so far as to say that any ruling by the courts is by definition actually correct. It’s binding on all courts lower than the one that made it, and therefore for all practical purposes it may as well be correct, but it isn’t actually correct. Roe v Wade was binding on all courts for 50 years, but it was always incorrect.
But my point is something else: Correct or not, mockery or not, for Congress to interfere with a judicial ruling, for it to hold that a ruling constitutes bad behavior, would destroy judicial independence, and thus cannot be constitutional.
“There is no need for term limits on federal judges or justices because they can be removed by impeachment.”
“For intending to establish three departments, co-ordinate and independent, that they might check and balance one another, it has given, according to this opinion [Marbury], to one of them alone, the right to prescribe rules for the government of the others, and to that one too, which is unelected by, and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scarecrow… The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist, and shape into any form they please.”
–Thomas Jefferson
Have we reached the point re SCOTUS decisions undoing decades of bad decisions that d/prog are classified as reactionary?
If President Trump had proposed these nonsensical and tyrannical constraints upon the highest federal court, he’d have been slandered as an alleged “dictator.” But, somehow, if Corrupt/Slow Joe proffers these conceits, he’s “saving democracy.”
There is only one reason they can’t force this old crook out. He has threatened to spill some embarrassing beans. Unless he has a stroke that renders communication impossible, they must let him run.
Here is what I believe is happening. Because of the shooting Biden cannot attack Trump. So now he is attacking the Supreme Court.
Actually, Traitor Joe hasn’t changed his rhetoric and lies against Trump even one iota since the assassination attempt. Watch the Lester Holt interview. He hasn’t changed a thing.
Traitor joe is just turning up the heat on America. He will burn this place down before he goes … unless he is offered the $100 million ransom he has undoubtedly been demanding to step aside in the race. He probably ratcheted that up to $200 million after his failed assassination attempt.
A real journalist would ask Biden if he’s saying it’s time to put Supreme Court justices in the crosshairs.
Roberts should have responded to Congressional pressure for a code of ethics with the simple statement “The Supreme Court does not answer to Congress.” Period. Full stop. Nothing more need be said.
If that’s too curt, then add “Indeed, we on the Supreme Court check YOUR work.”
Roberts yielding to Congress in his “can’t we all just get along” philosophy for the Court has sown the seeds for the ruination of the Supreme Court.
Except that all judges do answer to Congress for their behavior, as opposed to their rulings, and ethics is behavior. Congress could enact a code of ethics and warn judges that they will be impeached if they don’t obey it.
Lame duck says what?
bidens been told to leave
by his own people
he refuses
power mad dictator !!!!
Um, “his own people” have no authority. Power-mad dictator he may be for other reasons, but refusing to leave doesn’t make him so.
If I understood him correctly, Mark Levin sez no legislation can change anything about the SC
As a co-equal branch, it has would require the states to amend the Constitution in order to change the US SC.
So — it appears this is all just more dramadramadrama political theatrics.
That’s not true. Congress can change the number of justices, and thus let the president pack it. It can impose an ethics code and enforce it by impeachment. It can make exceptions to the court’s jurisdiction, and regulations governing that jurisdiction, though it’s not clear how that would work and what limits, if any, apply to this power. There have been those who have maintained that Congress can simply declare a law beyond the SC’s jurisdiction and the SC can then not strike it down; I think most people agree it can’t do that, but I’m not clear on how they square that with the constitution’s language. I think they just say it’s inherent in the judicial function and thus overrides the plain language.
Serious question/hypothetical.
If there was some legislation passed to impose limits on SCOTUS, wouldn’t SCOTUS be able to overturn it? That just struck me as funny.
Assuming SCOTUS’s good faith, it wouldn’t overturn such legislation unless it actually believed it to be unconstitutional. I would like to think that at least the 6 conservative justices would uphold inconvenient legislation that they believed to be constitutional.