I’ll cut to the chase: This Supreme Court term has not been good for democracy.
The Court has removed the power of experts at agencies like the Environmental Protection Agency (EPA) and Food and Drug Administration (FDA) to keep us safe and given it to untrained judges – and they've undercut attempts to hold the perpetrators of the January 6 insurrection, from former President Donald Trump on down, accountable for their actions.
John, at Common Cause, we serve as watchdogs for all branches of government – including the Supreme Court. But we need to know where members like you stand.
This term took place under a cloud of ethical scandals, John, and Justices Clarence Thomas and Samuel Alito’s ongoing refusal to recuse themselves from cases where they have clear conflicts have only worsened the Court’s public image.
Undisclosed luxury travel. Gifts from billionaire conservative donors. Even flying a pro-insurrectionist flag in the days after January 6th. Until we hold Supreme Court justices to a real, binding code of ethics – like every other federal judge – we won’t be able to trust this Court to rule impartially.
Here are just a few of the cases Common Cause tracked this year:
United States v. Trump: After waiting months – and playing into Trump’s delay strategy – the Court ruled that presidents are immune from criminal prosecution for “official acts,” meaning the former president will likely not face trial over January 6th before the next election.
Trump v. Anderson: In contrast, the Court took just 25 days to restore Trump to the Colorado ballot after a state court removed him under Section 3 of the 14th Amendment – which bars insurrectionists from holding office.
Fischer v. United States:The Court threw out the federal convictions of hundreds of January 6th insurrectionists, holding that prosecutors had improperly applied a law against obstructing official proceedings.
Loper Bright Enterprises v. Raimondo: The Court overruled a 40-year standard known as the “Chevron deference” allowing judges to make unilateral decisions impacting our health & safety – without the expertise of federal agencies to guide them.
Murthy v. Missouri: In a small bright spot, the Court did rule that the White House and federal agencies such as the FBI can continue to combat election disinformation by urging social media companies to remove false posts.
In a democracy, people will disagree with each other – and I don’t expect every public figure to agree with me on every issue. That’s why I’m grateful that we have a democracy where We The People can come together and resolve those differences.
I’m glad to hear from Common Cause members like you at this moment. Thank you for all you are doing for our democracy.
Virginia Kase Solomón, President and CEO
and the team at Common Cause
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