Joe Biden worries that the “extreme” US supreme court, dominated by rightwing justices, cannot be relied upon to uphold the rule of law.
“I worry,” the president told ProPublica in interview published on Sunday. “Because I know that if the other team, the Maga Republicans, win, they don’t want to uphold the rule of law.”
“Maga” is shorthand for “Make America great again”, Donald Trump’s campaign slogan. Trump faces 91 criminal charges and assorted civil threats but nonetheless dominates Republican polling for the nomination to face Biden in a presidential rematch next year.
In four years in the White House, Trump nominated and saw installed three conservative justices, tilting the court 6-3 to the right. That court has delivered significant victories for conservatives, including the removal of the right to abortion and major rulings on gun control, affirmative action and other issues.
The new court term, which starts on Tuesday, could see further such rulings on matters including government environmental and financial regulation.
The reasons he was Obama’s VP:
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He was “the Republican Senator whisper”
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He was supposed to be there to guide Obama
He was supposed to be the one that got that SC pick thru, but I don’t remember seeing a single article or interview where he tried.
That 5 years later people forgot and started claiming Joe was “the Senate whisper” again was just fucking ridiculous. The only thing worse was when Biden implied once the Dems had a white man as president, suddenly Republicans would be super cool again.
Tell me what he could’ve done
At the absolute bare minimum Biden should have understood that the issue with Republicans wasn’t just a Black president…
And that “working with Republicans” wouldn’t work.
Yet that’s what Biden ran on in the primary, and surprise! Working with Republicans is just as impossible today.
It’s not that complicated, and I highly doubt no one has ever explained that if you ask a lot…
Are you just ignoring people when they try to explain that to you?
Are you just ignoring people when they try to explain that to you?
Well, you ignored the actual question. The question was what could Biden have done to get the Dem nomination to the Supreme Court through in the face of McConnell obstructing it.
In all fairness, saying “working with Republicans won’t work” isn’t specifying what the Dems could have done to have their nominee seated, which is what the commenter asked for.
With hindsight, given the dirty tricks the GOP played in order to secure Trump two Supreme Court appointments; the Dem’s should have just gone full radical and take the Senates refusal to put the nomination up for a vote as a tacit ‘approval’ (seeing as they didn’t technically vote him down), and sit Garland on the court.
It’s the political equivalent of not negotiating with Terrorists, akin to the Paradox of Tolerance.
It’s like playing checkers with a kid who openly cheats…
If you keep following the rules, the kid will always win. If you can’t make them stop cheating, your only options are to stop playing or cheat back.
This isn’t a game of checkers tho. We can’t just stop, and if we keep following the rules then we’ll never win.
So literally the only thing we can do is play like they do.
If only you were in a position to do something about it…
There are a few options available. Pack the court, call for ethics inquiries, draw attention to the unconfirmed justices, or literally anything at all. Go on the attack. Be a leader. Demand justice. Biden is content to shrug and say “Ah, well, you see the GOP controls too much, so only if we have all the power can we make things better.”
He’s not governing, he’s campaigning.
Go on the attack. Be a leader. Demand justice.
Literally what the article is about.
Pack the court it’s with in his power to add justices to the Supreme Court. Democrats have the majority in the Senate so it can be done.
Nobody wants to be the first to add justices, because that can become a game of one-upmanship where you’d could theoretically end up with a 91 person SCOTUS.
Where are you getting this idea the president can do this? When you see an article on this type of thing at least check the wikipedia page. I understand how the misunderstanding comes about due to the talk around the new deal in history classes but roosevelt only pushed for congress to act. This is something you see a lot with presidential tenures. They will push congress to act but they themselves can only do so much. It is only in recent times executive orders have been used extensively but this is still limited to what congress did not define and the constitution does not define in law.
Do you want a dictator? Or do you not understand that Biden can’t do that?
- It’s not clear that’s constitutionally possible and guess who gets to decide whether or not it is.
- Even if it were that’s not up to the President.
Civics education in this country is fucking pathetic.
Not a power that belongs to any branch except through a constitutional amendment. The Constitution says life during good behavior.
The Democrats did that a month ago (and in Aug 2022 as well).
Notice that it only has a 1% chance of passing at this point (as it’s got to get through the committee first).
He’s doing one of the only things he can do: using his soapbox to draw attention to the issue.
The only real fix to this would be for Democrats to hold a majority in the house, a fillibuster-proof majority in the Senate (or remove the filibuster with a simple majority), and the presidency.
The last time this was possible was a brief 7-month period from 2009-2010. Prior to that… 1978.
He could use his soapbox to promote remedies to the situation, instead of finally acknowledging that this is an unmitigated disaster.
Conservatives don’t wait for a supermajority to effect the change they want. You act like Democrats want to build consensus before doing anything, but Biden doesn’t even seem to have consensus on what he wants to do.
What would Biden do with an absolute majority? How would he fix things? That’s what he should be talking about, what he should be promoting.
Pointing out the problem puts it into play for public debate, and there isn’t anything Republicans can say about the issue that doesn’t make them look bad (because on this issue they are unquestionably the villains).
Getting into details about the solution, however, offers the Republicans a line of attack and a way to muddy the waters. (“They want to pack the court!”).
Nothing is gained by having Biden get into the nitty-gritty, but something is lost.
Prior to that… 1978.
He’s not, unless you want a different coup. It’s up to Congress and the Senate. Executive, Legislative, Judicial.
It’s checks and balances, not rock paper scissors
His power here is to set a direction and to nominate new appointees. He could write a bill to expand the bench and/or a constitutional amendment to require a code of ethics… Hell, he could even say “ok supreme Court, you say you can self-regulate… Publish your own code of conduct publicly or I’ll lead the charge in imposing one on you”
Presidents have a lot of soft power. He can write executive orders to demand the problem be evaluated, or he can use his platform to rally support… He can even go to Thomas privately and suggest he resign with dignity while he can, even try to bluff him off the bench
There’s a lot he could do - his hard power over the supreme Court is very limited, but soft power is how most everything works
In these comments: a shit ton of people who have zero idea how their own country works. Y’all are an embarrassment to yourselves and your countrymen.
Then maybe he should have packed the court with some good judges
I don’t think he’s exactly even capable of doing so. SCOTUS judges have to retire or die, and then vacant seats have to get confirmed by the Senate, and no self-respecting Republican Supreme Court justice would die while in office. Expanding the number of justices is also extremely unlikely to happen, and also, relevantly, not really in Joe’s hands.
The notable historical threat to pack the courts previously (which succeeded in moderating the court without packing) was done by a president. They don’t have unilateral authority, but they are the leader of the party. Stuff doesn’t happen unless leaders lead.
Would have had to nuke the filibuster to make it where they could pack the court. That required yes votes from all Democratic senators (only because not a single fucking Republican would vote for it), and Manchin and Sinema refused to do it.
Nothing Biden could have done. We needed more Democrats in Senate seats. That’s the game though. Republicans do their best to make us feel like voting doesn’t matter, then we don’t turn up - making it easier for Republicans to say the government doesn’t work.
Nothing Biden could have done.
He could have attacked them. Called on their constituents to protest outside their offices. Politics is more than just filing papers and casting votes.
To me, as a non-American, the most baffling thing is that everyone in the States just assumes, and accepts, that these appointed justices are going to rule according to some political bias.
That’s not the way it works in the rest of the free world. Judges are, by definition, trusted to be impartial interpreters of the law/constitution. That’s their role.
I live in Canada, and I’m vaguely familiar with some of the names of our Supreme Court justices, but I certainly don’t know their political leanings, nor do I care. Nor does any Canadian I know. That’s the way it’s supposed to be.
So as far as I can see, the problem isn’t that SCOTUS is stacked with Republicans, nor that it can be. The problem is that everyone seems to assume that this is the way it should be.
First of all, the Overton Window in America is skewed heavily right. So our centrist Democratic leaders are center right, our Republicans are what most countries would call regressive, extremist, authoritarian right wing, or even fascists.
See, the problem is rightwing extremism has been on a campaign since the civil rights era to take control of the country and undo the progress made since the 1960s.
They installed right wing media. They cut education and tampered with curricula. They gerrymandered. They instituted voter suppression. Their strategy culminated in the Federalist Society influencing the selection of Gorsuch and installation of right wing judges during the Trump administration.
The thing you have to know if you ever want to try and stop extremist, authoritarian, right wing regressives is that they do not hold the same ideals and morals as you and I. They do not play from the same playbook or follow the same rulebook.
They believe that “might makes right,” that any ends justify the means, that rules are enacted to protect them and their in group and punish their selected out group. They believe in many cases that their cause is justified by God.
And so any justice who adheres to such zealous principles will see no issue with finding a way to rule in the favor of their side. They may even go so far as to rule with weak or minimal justification. They will be a lot less likely to rule in an unbiased fashion.
My current opinion is that, so far, we have only seen rulings that fall into the “finding a way” category.
I think these justices will incrementally push the envelope on what they can get away with over the upcoming decades.
This patently false, compared to the world as a whole the US is quite liberal. Only in certain aspects, compared to certain European countries is the US “right-wing”. US for instance has way more liberal freedom of speech and religion than most countries. How many European countries have a state religion?
“I think these justices will incrementally push the envelope on what they can get away with over the upcoming decades.”
I feel like we have already turned the corner of openly ruling along party lines as well as unrepentant corruption.
I think it will get worse and worse until… well I don’t know what will turn it around or when.
I doubt the Republican justices stay alive for much longer with the growing realization that political assassinations easily solve issues with the supreme court. It’s talked in hush tones a lot online because people act as if talking about the thing means you’re inviting it.
Tbh I’m genuinely surprised suicidal people on the left haven’t already taken one out. I was betting on it to happen shortly after Biden took presidency. It’s going to happen eventually if they keep ruling like shit. Revolutions are started by such political stunts.
Although I used to think all the crazy school shooters were eventually going to be lefties as well. Turns out they at least try to get medicated and fix themselves. Righties just go out murdering for apeshit reasons lol. Still, I know way more people on the left in serious depression and wanting to commit suicide. With the amount of fame MSM gives suicidal murderers… like before, I’m surprised it hasn’t already happened.
No, we don’t. Along with Citizens United, EVERY American with a brain and open eyes is aware these are the absolute most important problems, and they lead to endgame checkmate authoritarianism.
I don’t know what i hate more, being subjected to increasingly authoritarian christofascist rule in my country or having some punk looking down his nose at me and saying it’s my own fault.
Pssssh.
Tell you what. When it happens to you, why don’t you tell me what you hate more.
(Fuggen punks think theyre fighting ready just cuz they’ve never been tested, geez almighty.)
Largest protests in history (at least at the time) were against invading Iraq in the lead-up to the war. Democrats protest, but Republicans VOTE. That’s why they run everything from a minority position.
No we definitely don’t enjoy this, it’s the same reason we all love to say “eat the rich” and “it’s guillotine time” and then do absofuckinglutley nothing about it. No one wants to be the one to start something absolutely crazy, we all deep down believe that we can somehow fix this within the system as opposed to throwing Molotovs. :/
Americans largely haven’t had much of a choice. In states where the laws are decent and political corruption isn’t heavily entrenched, things are alright and the system isn’t totally broken. But in places where it has? There’s less and less ability to vote in more reasonable laws.
The problems are systemic. The same states have shitty education systems, mass voter disenfranchisement of prisoners and anyone else they can justify taking the vote from, extensive gerrymandering, and every other form of corruption and political inefficiency. The major population centers take a very different approach, but they have to compete with these backward and broken states through an electoral system that skews the results in their favor.
Trying to take direct action outside of the official political framework is also problematic. In Europe you’ve got the benefit of an extremely high population density and a relatively small area regardless of which country you’re in. In the US everything is extremely spread out. The result is that protest is often not terribly effective. You might be able to shut down a couple of streets, but there’s no way you’re disturbing commerce for more than a single metropolitan area (of which there are many) at a time. It’s the same reason mass public transit runs into issues: we’re way too spread out for strategies that require high and comparatively uniform population density.
That doesn’t mean there’s no answer, but it does mean we’re going to have to get a little more creative.
And yet I never see any mention of this anywhere. Even here, it seems that Biden is more concerned about whether the court can administer justice because it is so much out of balance. No mention, though, that the “balance” shouldn’t even be a factor.
SCOTUS justices are appointed for life because it’s supposed to put them above political considerations. No politician can influence them by threatening removal. Yet, there you are, SCOTUS is just as political as the other two branches.
Yes. The supreme court is a political tool just like every other branch of government.
They are not impartial. They all have agendas.
I think Canada may not have this issue because there aren’t as many different cultures in Canada competing for dominance.
Even though your ruling class wants to extend its reach as much as possible, they acknowledge they’re still ruling over Canadians.
In the US, it’s “city people ruling over country” or “whites ruling over blacks” or “christians ruling over everything.” This means it’s acceptable and even encouraged for one group to abuse another.
This creates an “us vs. them” mentality because it really is us vs. them.
That’s not the way it works in the rest of the free world. Judges are, by definition, trusted to be impartial interpreters of the law/constitution. That’s their role.
The problem is that these judges are appointed through a political process, as about any government worker apparently is. This way you get a hyper politicized country, where even the job of librarian is no longer just a job, but an oppointment that should be strictly controlled.
It’s absolutely baffling.
