Biden to announce plans to reform US supreme court – report
https://www.theguardian.com/us-news/article/2024/jul/26/biden-to-announce-plans-to-reform-us-supreme
Biden to announce plans to reform US supreme court – report
https://www.theguardian.com/us-news/article/2024/jul/26/biden-to-announce-plans-to-reform-us-supreme
28 comments
Step 1:
As an official act I am deporting all members of SCOTUS who claim that presidents have immunity for official acts.
Step 2: done.
Please let him increase the court size.
It’s a start, whatever it is they propose. At a minimum, they need to settle the score for Merrick Garland’s seat. If they don’t, they are so weak.
PACK THE COURT. Ffs and the love of all that is good in the world, for the sake of the progress we’ve made in the last 60 years, PACK THE GODDAMN COURT ALREADY.
Binding code of ethics, term limits, 13 justices.
**President Biden is likely to back term limits for justices and an enforceable code of ethics.** This is incredibly exciting news! There will finally be an actual plan set before us to tackle the issue of Supreme Court reform. Also the fact that Justice **Elena Kagan has publicly called for beefing up the court’s ethics code by adding a way to enforce it** is a significant development. Major step in the right direction!
I am super pumped to see the specific proposals that will be announced on Monday.
I say, I say, it’s about damn time!
Now all Biden has to do is declare an official climate emergency. Since we are, in fact, in one.
That is a great idea Biden. It’s reassuring that these ideas are atleast being talked about. We obviously have a problem in the Supreme Court.
Don’t get too excited, he can’t do any reforms without Congress.
The point of this is to get the messaging out and the why behind the need. I see too many people on these subs going to “it isn’t going to happen”.
We know it’s not happening in the next 6-months. That’s not the point.
If the Dems have learned anything this week, saying something and applying pressure gets the Peoples attention.
Bidens team can say we need reform and expansion because the conservative religious right brought church into state and taking away rights from half its population and they are coming for more with or without Trump in office.
It’s about calling it out, their hypocrisy, their taking funds from the ultra wealthy, ending Roe, coming after same sex marriage, bringing one religion into schools.
The word has to get out and that is what this move does and can help change seats in Congress.
Term limits for members of Congress?
I wish he would include a request to make them electable positions. I don’t like a governmental arm that is not selected by the people.
Expanding the Supreme Court is a gift to the next generations.
It’s completely insane that an unelected group of nine people can make such sweeping decisions that apply to literally every single American.
Indict Clarence Thomas for tax evasion. Take him down just like Capone
Well he better hurry. And it doesn’t explain how this could possibly pass
Announce away
What I’ve learned in this thread is that almost nobody knows how any of this works. Pack the court… expand the court… yeah.. like he can just do that on his own.
Do it. Since they practically made the president immune. Go for it.
Well he has nothing to lose right now. If not term then at least age limits where they have to retire. Ruth held on too long and now things are chaos. Our ff likely didn’t expect them holding on into their 80s and 90s. They likely expected them to die long before them.
What are the chances this would pass Congress?
By God man I hope you are successful. Any semblance of a functioning democracy depends on reform.
I know I’m being a real negative nelly here, but I have a strong suspicion that even if the president figures out how to expand the court, create an enforceable set of ethics as well as term limits, the current makeup of the court will just strike the stuff down. I get the feeling we’re truly in a supreme court purgatory that won’t go anywhere or change until the more conservative members retire or die and are hopefully replaced with more liberal justices that are not originalists.
Interesting. He said he wasn’t open to that. Why is Biden suddenly governing?
And before you come for me I mean taking action on institutional corruption that’s harming people instead of just signing lots of bills. He was a good policy president. He sucks dog water at protecting the Constitution.
Biden legacy game
According the SCOTUS, anything he does in an official capacity is kosher… just saying.
Here’s the solution to fix the Supreme society, make it match the way Federal Circuit Courts are set up:
If applied to the Supreme Court:
1. Expanded Court: The Supreme Court would need to be significantly expanded, perhaps to 15-20 justices, to allow for a panel system similar to circuit courts.
2. Panel hearings: Cases could be heard by randomly selected panels of three justices, similar to how circuit courts operate. This would allow the court to hear more cases simultaneously.
3. En banc hearings: Important or controversial cases could still be heard by the full court in an en banc session, similar to circuit court practices.
4. Appeals process: If the Supreme Court adopted a circuit-like system, appeals from its panel decisions would be challenging since it’s already the highest court. However, a possible approach could be:a) Parties dissatisfied with a panel decision could petition for an en banc hearing by the full court. b) The full court could vote on whether to grant the en banc hearing, similar to how they currently decide on granting certiorari.
5. Precedent: Panel decisions could be binding unless overturned by an en banc hearing, similar to how circuit court panel decisions work.
6. Circuit assignments: Justices could still maintain their circuit assignments for administrative purposes, as they do currently.
And this, the final appeals, is what a en banc hearing is:
An en banc hearing is a special legal proceeding where all the judges of a particular court hear a case together, rather than the usual panel of judges. The term “en banc” comes from French, meaning “on the bench”. This process is typically used in appellate courts, particularly in the United States Courts of Appeals, for cases that are exceptionally important or complex.
Here’s how en banc hearings work:
1. Initiation: En banc hearings can be requested by a party in the case or suggested by a judge on the court.
2. Petition: If a party wants an en banc hearing, they must file a petition that clearly states why the case merits this special procedure. The petition must argue either that: a) The panel decision conflicts with a Supreme Court decision or a decision of that court, necessitating full court review to maintain uniformity. b) The case involves one or more questions of exceptional importance.
3. Decision to hear: A majority of the active, non-disqualified judges must vote to grant the en banc hearing.
4. Composition: In most circuits, all active judges participate in the en banc hearing. However, in larger circuits like the Ninth Circuit, which has 29 judges, a subset of judges (usually 11) may constitute the en banc court.
5. Procedure: If granted, the en banc hearing vacates the previous panel judgment and opinion. The full court then reviews the original decision, not the panel’s decision.
6. Briefing: The court may order additional briefing from the parties if it deems it necessary.
7. Decision: After hearing arguments and reviewing briefs, the en banc court issues a new decision, which becomes binding precedent for the circuit unless overturned by the Supreme Court.
Sources
https://en.wikipedia.org/wiki/En_banc
https://www.ca4.uscourts.gov/rules/Rule35.html?t&utm
https://www.law.cornell.edu/rules/frap/rule_35?t&utm
https://www.justice.gov/usao/justice-101/federal-courts?t&utm
Dark Brandon goes out on a high and kicks Alito and Thomas where it hurts.