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Biden unveils radical plan to overhaul Supreme Court — but one major question throws a wrench in his narrative

Vambram

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One major question
While Biden's first two proposals will likely never become law, that Biden is choosing this moment to demand Supreme Court reform raises a major question.

Would Biden and Democrats be demanding change if the Supreme Court had ruled the way they wanted on abortion, presidential immunity, executive-branch power, student-loan forgiveness, the Second Amendment, and a host of additional issues?

The answer to that question likely reveals the motive for their demands.
 

RDKirk

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I'd like to see an amendment for an "elected official code of conduct" over all three branches, same rules for them all.

I could agree to a mandatory retirement age for all three branches as well, but not a limit of term for the Supreme Court.
 
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I'd like to see an amendment for an "elected official code of conduct" over all three branches, same rules for them all.

I could agree to a mandatory retirement age for all three branches as well, but not a limit of term for the Supreme Court.

The house and senate have an official code of conduct and so does the executive branch.
 
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Hans Blaster

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One major question
While Biden's first two proposals will likely never become law, that Biden is choosing this moment to demand Supreme Court reform raises a major question.

Would Biden and Democrats be demanding change if the Supreme Court had ruled the way they wanted on abortion, presidential immunity, executive-branch power, student-loan forgiveness, the Second Amendment, and a host of additional issues?

The answer to that question likely reveals the motive for their demands.
The three proposals are:

1. Enforcable ethics reform
2. Term limits (18 years)
3. Ending presidential criminal immunity

I don't know which of these are "first", but, no it is clear that if the SC was sane and didn't find total criminal immunity for presidents hidden in the text of the Constitution somewhere between the words that indicate that the Senate can't apply criminal penalties (and only a criminal court could) no one would need to ask for a legal rejection of that doctrine.
 
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iluvatar5150

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One major question
While Biden's first two proposals will likely never become law, that Biden is choosing this moment to demand Supreme Court reform raises a major question.

Would Biden and Democrats be demanding change if the Supreme Court had ruled the way they wanted on abortion, presidential immunity, executive-branch power, student-loan forgiveness, the Second Amendment, and a host of additional issues?

The answer to that question likely reveals the motive for their demands.
Terms limits for SCOTUS have been kicked around as an idea for a while now if, for no other reason, then to try to mute some of the heat and incentives surrounding nominations. Sure, that may have taken on some new salience in light of the last few years, but it's not a new idea. The ethics rules weren't perceived as needed until it came out that a few judges, with one in particular, had been doing things that would get normal justices in trouble.
 
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RDKirk

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I don't know which of these are "first", but, no it is clear that if the SC was sane and didn't find total criminal immunity for presidents hidden in the text of the Constitution somewhere between the words that indicate that the Senate can't apply criminal penalties (and only a criminal court could) no one would need to ask for a legal rejection of that doctrine.
I'm not sure I understood what you said. Too many negatives.
 
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RDKirk

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Terms limits for SCOTUS have been kicked around as an idea for a while now if, for no other reason, then to try to mute some of the heat and incentives surrounding nominations. Sure, that may have taken on some new salience in light of the last few years, but it's not a new idea. The ethics rules weren't perceived as needed until it came out that a few judges, with one in particular, had been doing things that would get normal justices in trouble.
I'd rather see age limits than term limits.
 
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AlexB23

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One major question
While Biden's first two proposals will likely never become law, that Biden is choosing this moment to demand Supreme Court reform raises a major question.

Would Biden and Democrats be demanding change if the Supreme Court had ruled the way they wanted on abortion, presidential immunity, executive-branch power, student-loan forgiveness, the Second Amendment, and a host of additional issues?

The answer to that question likely reveals the motive for their demands.
This would be the ideal Supreme Court in my opinion:

Part 1:
3 Democrats

3 Independents
3 Republicans

Part 2:
1̶2̶ ̶o̶r̶ ̶1̶8̶ ̶y̶e̶a̶r̶ ̶t̶e̶r̶m̶ ̶l̶i̶m̶i̶t̶s̶.̶
Edited: 75 year age limit, no term limit

Part 3:
Follow a code of professional conduct, and have justices stay off of social media, and not endorse any political candidate over another.
 
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RDKirk

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This would be the ideal Supreme Court in my opinion:

Part 1:
3 Democrats

3 Independents
3 Republicans

Part 2:
12 or 18 year term limits.

Part 3:
Follow a code of professional conduct, and have justices stay off of social media, and not endorse any political candidate over another.
Term limits is a bad idea. The entire point of lifetime service was that justices would not have to give any consideration to post-Court employment. With a 12-year term limit, they'd be just as susceptible to lobbies as Congresscritters. I'd be okay with an age limit of 75.
 
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AlexB23

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Term limits is a bad idea. The entire point of lifetime service was that justices would not have to give any consideration to post-Court employment. With a 12-year term limit, they'd be just as susceptible to lobbies as Congresscritters. I'd be okay with an age limit of 75.
I do agree with that, and I can change my post.
 
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Bradskii

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Term limits is a bad idea. The entire point of lifetime service was that justices would not have to give any consideration to post-Court employment. With a 12-year term limit, they'd be just as susceptible to lobbies as Congresscritters. I'd be okay with an age limit of 75.
I agree. Likewise that age limit for presidents.
 
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Pommer

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Amen, brother. 75 year age limit for all politicians, including presidents. :)
Some politicians don’t reach their peak until after 75, like Chuck Grassley when he turned 75, 200 years ago!
 
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Larniavc

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With a 12-year term limit, they'd be just as susceptible to lobbies as Congresscritters.
They already clearly are. That Clarence fellow has been shown accepting ‘gifts’ for decades.

With term limits they would be able to receive ‘gifts’ for a limited period of time.
 
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KCfromNC

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While Biden's first two proposals will likely never become law, that Biden is choosing this moment to demand Supreme Court reform raises a major question.

Would Biden and Democrats be demanding change if the Supreme Court had ruled the way they wanted on abortion, presidential immunity, executive-branch power, student-loan forgiveness, the Second Amendment, and a host of additional issues?
Depends. In this hypothetical, are the far left justices getting millions in undisclosed "gifts"?
 
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RDKirk

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They already clearly are. That Clarence fellow has been shown accepting ‘gifts’ for decades.

With term limits they would be able to receive ‘gifts’ for a limited period of time.
We've had a lot of justices in 250 years. You want to break the system so that it will never work again because it didn't work once.
 
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Larniavc

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You want to break the system so that it will never work again because it didn't work once.
'Once' that we know of. And would you fly on a plane with a newly discovered fundamental flaw rendering completely unfit for purpose? Would you trust the future of your nation in said plane?
 
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iluvatar5150

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We've had a lot of justices in 250 years. You want to break the system so that it will never work again because it didn't work once.
It’s pretty clear that the lack of term limits has been an issue more than once. It raises the stakes for each presidential election, incentivizes older justices to hang on past their prime to game the system, and incentivizes presidents to nominate younger and younger judges.
 
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Vambram

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Conservative activist Leonard Leo says President Biden's efforts to overhaul the Supreme Court may be an effective way to energize his political base, but he should also watch out for less progressive voters being reminded of what's at stake in November.
"It's a good political ploy. It certainly will help to energize a Democrat base that's reeling from a lot of disorder and uncertainty lately," Leo told Fox News Digital. "But ultimately, these are the kinds of proposals that, I think, not likely to be adopted, but if ever adopted, they would really politicize the institution."
The influential fundraiser and legal activist known for his work with the Federalist Society has helped shape the conservative judiciary over several decades. Leo said in an interview Monday that Biden and Vice President Kamala Harris, the presumptive 2024 Democratic nominee who endorsed the radical overhaul efforts, could just as easily motivate conservatives.
"President Biden putting the Supreme Court into play does have the potential to energize conservatives in the presidential election," he said. "We know from experience that the court issue has always motivated conservatives and Republicans more than it motivated Democrats and liberals. So there's a good chance that by putting this issue in full view, it just allows the Trump campaign and Republican candidates for the Senate and House to talk about the successes we've had with the Constitution and the rule of law, the Supreme Court over the past several years, and that we should want more of the same. So it could potentially backfire."
 
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