Friday, December 13

SCOTUS

Democratic senator renews push for SCOTUS term limits

A congressional Democrat is renewing the party’s push for establishing term limits on the nation’s highest court — a tall order that Congress has so far shown little appetite in pursuing.

Last week, Sens. Peter Welch (D) of Vermont and Joe Manchin, an independent who represents West Virginia, introduced a constitutional amendment that would put 18-year term limits on new justices appointed to the court. The aim is to allow presidents to nominate two justices each term, in part to ensure that the court doesn’t become too partisan.

The proposal comes months after outgoing President Joe Biden pushed for term limits in a July op-ed for the Washington Post. Other Democrats have said that changing the court more often would help remedy the increasing disconnect between the majority-conservative court and a Democratic administration, though that may become less of an issue during President-elect Donald Trump’s term.


But it’s unclear if the amendment will gain any traction, given that the issue has been primarily pushed by Democrats. GOP House Leader Mike Johnson said this summer the proposed reform would “delegitimize” the court. Other critics argued term-limits would do little to change the fraught political process surrounding confirmation. Read more about how term limits would change the high court.

NORTH CAROLINA

Riggs wins North Carolina Supreme Court race. It’s still not over.

After a second count of the over 5 million ballots cast in North Carolina’s supreme court race, and a third partial hand recount conducted over the past week, incumbent Justice Allison Riggs (D) prevailed over GOP opponent Jefferson Griffin.

“I am ready to continue serving all North Carolinians on our state’s highest court,” Riggs said, “and I am grateful that voters have placed their trust in me. This victory shows our democracy in action, and the recount process demonstrates that our elections are incredibly well-run.”

But Griffin seems to be holding onto hope that the race will turn out in his favor. It was Griffin who requested the machine recount and the partial hand recount, both of which confirmed Riggs’s lead in the race. Last month, he filed challenges to tens of thousands of ballots in a bid to get some votes invalidated. The North Carolina State Board of Elections (NCSBE) on Wednesday rejected Griffin’s protests. He has 10 days to appeal the election board’s decision.  

Griffin also filed two legal actions to essentially force the NCSBE to hurry up and issue a decision, despite the board clearly laying out the process by which a candidate can contest votes, which involved a public hearing that hadn’t yet happened. Those actions were denied. Read more on why the race still isn’t officially over.

TRUMP ADMINISTRATION

Trump taps anti-voting attorney to lead DOJ civil rights division

Trump’s pick to lead the civil rights division at the Department of Justice (DOJ) underscores how much the agency is likely to change under his direction. This week he nominated Harmeet Dhillon, a conservative attorney and former California GOP vice chair, to serve as assistant attorney general for civil rights.


On paper, Dhillon seems to check the right boxes. She’s fiercely loyal to Trump, has been involved in more than a dozen anti-voting lawsuits in recent years according to Democracy Docket’s litigation tracker, and has spread right-wing conspiracy theories including unsubstantiated claims about election fraud.


Dhillon’s tenure will likely be a departure from that of Kristen Clarke, who in 2021 became the first Black woman to lead the division and has spoken out against voter suppression and voter intimidation and spearheaded investigations into alleged police misconduct. Read more about Dhillon’s history of attacking voting rights.

OPINION

Now Is the Time for Courage

Nothing about Trump’s actions, from his cabinet nominations to his charged rhetoric, has been unexpected, as Marc explains in his latest column. What has surprised Marc is the silence from the other side. “Donald Trump has not yet taken office,” Marc writes. “The abuses of his administration have not yet begun. It is going to get worse, much worse. We need to stand up an opposition not for a month or two but for four years or more.” Read more here.

NEW EPISODE

Rep. Dan Goldman on Jan. 6 Pardons, Trump’s Nominees and Project 2025

New York Rep. Dan Goldman (D) joins Marc to discuss how Trump’s proposed Jan. 6 pardons would harm our justice system, political nominees, the implementation of Project 2025 and more. Watch on YouTube here.

What We’re Doing

We’re honored to receive democracy-related books throughout the year, often to preview before they hit shelves. Here’s a list of books stacked atop desks around the newsroom:

  • Lady Justice by Dahlia Lithwick


  • ANTIDEMOCRATIC by David Daley


  • The Highest Law in the Land by Jessica Pishko


  • Her Honor by Ladoris Hazzard Cordell


  • Erasing History by Jason Stanley


  • 100% Democracy by E.J. Dionne Jr. and Miles Rapoport


  • American Identity in Crisis by Kat Calvin


  • Liberating Abortion by Renee Bracey Sherman and Regina Mahone


  • This is What Democracy Looked Like: A Visual History of the Printed Ballot by Alicia Yin Cheng