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Dear John,
Another week of Supreme Court decisions... another week of right-wing extremism on full display.
On Friday, they ruled in one case to overturn 40 years of precedent and took away the right of federal agencies, like the Environmental Protection Agency, Consumer Financial Protection Bureau and my former haunt, the Department of Labor, to create and enforce new rules based on the broad powers given to them by Congressional legislation.
It’s a complete dismantling of administrative power making it much harder for the EPA to protect our water or the DOL to protect workers, to give just two examples.
The Court also ruled to let hundreds of January 6th insurrectionists off the hook for obstruction of an official proceeding, because evidently using violence, threats, and intimidation to force the delay in certifying the electoral college vote needed to officially elect the president doesn’t qualify.
Next week, we’ll find out their decision on whether or not Trump has presidential immunity. I shudder to think how they’ll rule. We are in a precarious position in terms of the age and make-up of the Court, and a second Trump term could allow nominations that add up to a 7-2 Federalist Society majority.
This Supreme Court makes it abundantly clear that it’s time for serious reform. One way to restore balance is to pass the Supreme Court TERM Act. Help build support for it, by adding your name now.
On top of everything else, including Justice Clarence Thomas’ outrageous ethical lapses and Justice Samuel Alito’s flagrant support for the insurrection, we have a Supreme Court that takes away basic rights without any accountability for themselves.
Within the Constitutional constraints, how can we create a more accountable Court?
Under the recently introduced Supreme Court TERM Act, two Justices would be appointed each Presidential term, to serve actively with an 18-year term limit -- at which time they would enter Senior Justice status, eligible to sit in on an as-needed basis, but no longer regularly serving on the 9-member Court.
When the Constitution was written, the average expected lifespan was 38 years. Today, Justice Clarence Thomas has been on the Court nearly that long already -- 33 years. Some of the younger justices starting out on the Court now may have another 40 years or more of jurisprudence ahead of them.
The Constitution gives each justice a lifetime appointment during “good behavior.” But Congress has the authority to structure the Court -- including defining the justices’ duties.
This bill would establish a Senior Justice status after 18 years of Active service. Senior Justices would be eligible to hear lower court cases, and to fill any temporary openings on the Supreme Court that could come up between regular appointments.
The result would be a Supreme Court that would better reflect the ideological balance of the nation’s elected presidents over the preceding 18 years. With more regular changes on the Court, we might even see the first Asian, Indigenous, and openly LGBTQ+ justices.
Clearly, the time has come for Supreme Court term limits. Tell Congress to sponsor and pass the Supreme Court TERM Act today!
It’s possible to maintain the balance of powers as envisioned in the Constitution, but only if Congress uses their power instead to pass critical Supreme Court reforms.
Thank you for considering this idea today.
Robert Reich
Inequality Media Civic Action
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