Chief Justice Roberts, recently speaking at an event, stated that the biggest issue facing the Supreme Court would be politicization! TOO late!
Look, I know a lot of you want to blame Republicans for blocking the “up or down” vote of Judge Merrick Garland, EX-President Obama’s choice, but, as usual, your facts are a little blurry! Well, a lot blurry! Let’s get a few things out of the way.
There are NO official qualifications to be considered for the Supreme Court. Technically, there is nothing to keep ME from being nominated (or you)!
The Constitution does NOT call out the number to serve on the court. ONLY that there be one. It also defines what they are to do. They are NOT to make law. Their ONLY job is to decide whether the law created violates the Constitution. When the Court deems a law unconstitutional the legislative body is to redo, rewrite, or let the law die.
The Court started off with 6 justices and has fluctuated to as high as ten. Congress passed a law called the Judicial Circuits Act that brought the number of justices to 7 and specifically PREVENTED President Andrew Johnson (D) from appointing any more judges. Congress later raised it to 9.
President Franklin D. Roosevelt (D) decided he needed more justices. Six more to be exact. As any good Democrat would do, when you can’t win, tweak the system The Supreme Court kept ruling against FDR’s New Deal executive orders and the laws he was pushing. He didn’t like it, so he was going to stack the deck with “New Deal” friendly justices.
FDR had just won in a landslide and acted more like a god than a president. FDR proposed replacing all justices over the age of 70 by offering them full pay if they would retire immediately. If they refused, he planned to appoint an “assistant” with FULL voting rights to ensure his majority (sounds like Obama got his “slither around the laws” game plan from FDR!) Thank God most Republicans and Democrats saw this as a dangerous power grab and opposed the proposal.
Like any good Mafia threat, a few justices got nervous and voted to allow FDR to push through the National Labor Relations Act and the Social Security Act.
Even though the Senate was smart enough to kill his plan to stack the Supreme Court, he ended up appointing 7 of the 9 justices before he died.
Justices do NOT have a constitutional right to serve for life. Over time, with so many serving for so long, it just became a “thing.” Most Americans figure they are appointed for life. This is not the case. According to our Constitution, a Supreme Court Justice can be impeached by the House of Representatives and removed from office if convicted in a Senate trial. This is not a Joe rule. Section 1 of Article III in our U.S. Constitution states that judges of Article III courts shall hold their offices “during good behavior.” The phrase “good behavior” has been interpreted by the courts to be the same level of seriousness used for the ‘high crimes and misdemeanors” guidelines.
The “good behavior” clause seems to have a real muddied meaning…
People we need to #STAND for America. #STAND for Liberty.
#STAND for Freedom.