Is This the Final Nail in the Current SCOTUS’ Coffin?
A tale of two Justices
If you’re paying any attention at all to the saga of the United States Supreme Court as a failing institution, the publication yesterday of the Pro Publica article revealing Clarence Thomas’ true lack of ethical standards due to his hobnobbing with the Koch Brothers’ political organization and its fund raising efforts (possibly annually?) has to stand as the final and definitive nail in the coffin of Americans’ trust in that one third portion of the US Government.
Here’s the link:
So, instead of diving into that particular rabbit hole, let’s talk consequences.
In the beginning, Thomas, Alito, and their defenders tried to tell us that it was, basically, a nothingburger. “Not enough cash value to report”, they tried to say. And, within what we knew then, they had a point, with there being very little regarding ethical standards the Court is forced to follow.
And yet, even then, a few of us tried to interject, “But it isn’t the individual amounts — it’s the accumulation!” But, as usual, those of us trying to be realistic got ignored.
But as time went on, the numbers and the values of those unreported junkets accumulated until eventually we all realized that yes, it was the accumulated amounts that make your jaw drop. But then, other news got in the way, the news cycles moved on, and I’m sure, Thomas and his “friends” heaved a sigh of (temporary, hopefully) relief.
Now, if indeed, the SCOTUS Justices had the institutional habit of hobnobbing with the rich and powerful in Washington DC, yet were smart enough to encompass both parties, and didn’t take the freebies, nobody would blink an eye. After all, they are the most important members of one third of the government.
Hobnobbing with one another is what the rich and powerful do, after all. I mean, how else do you understand what the concerns are that might be holding governmental attention at any point in time? Yep, you talk to each other. Sometimes these back room discussions can make a difference.
But, and this is a damn big but, once you toss in hidden freebies, the entire calculation has to change. Maybe to some, this will be a huge surprise, but yes, SCOTUS Justices are indeed, human, and humans have, collectively, one flaw. (I know, I know, there are more, but this is the relevant one!)
Humans are vulnerable to bribery. It’s endemic in human culture, and as far as we know in the histories we have, it’s always been there. Some societies are literally built on corruption — just look at Russia today.
And that flaw is why we have a legally binding ethical code for Federal judges.
The most pitiful thing about today’s very painful failures of the court, ethically, is that it wasn’t included when that law was passed because collectively, past Courts were bound personally, and collectively, by a code of ethics that caused people to think including them wasn’t necessary. After all, didn’t they toss out a justice a few decades back for a much less violation of that unofficial ethics code? As I remember it, the reason he quit was because his fellow justices forced him to! Shamed him into it.
Segue to today. Has the Court’s current membership (majority Republican, I might remind you) done anything at all to encourage either Alito or Thomas to quit over these much more serious ethical issues? Certainly not that the public has seen. In fact, Roberts refused to appear before Congress to even talk about it, and Alito has already given his opinion that Congress has no control over the court, ignoring two centuries of history to the contrary. Not to mention the letter of the Constitution that says he’s wrong.
The information revealed in the Pro Publica article I shared above is merely the latest in this saga. I’d be willing to bet it isn’t the end of it. Roberts may not agree with Alito over that control issue, but in refusing to even talk to Congress, he shows that he and the other conservative members of the court are forgetting something extremely important.
What is it that the Executive Branch has and that Congress has that the SCOTUS does not have?
A mechanism to enforce their rules. The Constitution may have its flaws (and I’ve certainly talked about an important one in the recent past), but it does have some very important checks and balances. The Executive Branch has the Justice Department and other law enforcement mechanisms, plus the power of the Veto, and the ability to nominate SCOTUS applicants. Congress has the power of the purse, and the ability to override a Presidential veto (with sufficient numbers), and the power to approve those SCOTUS nominees, plus the impeachment power to remove them.
SCOTUS has none of these. The President could refuse to nominate new justices. Congress could just refuse to fund the Court, or cut the justices’ pay. Both could get together, and in spite of Alito’s idiocy, completely kill the ability of the Court to even hear appeals, which is one of its powers over the court. Given that the Court’s ability to overrule laws based on their constitutionality is a self given power, Congress could end that with a simple law. Any of this could be employed once the Democrats gain enough votes in 2024 to control Congress better.
But my point is, the only thing SCOTUS has is the respect of the American people. Past courts understood that, and acted, individually, accordingly. As a result, for two hundred years, we have, collectively, watched and largely approved, as the Court refined the laws, and eventually, managed to expand individual rights and limited what the government could do to us.
But not this Court. This one, in its arrogance, in fitting with the hidden goals of the Rich and Powerful White Men who hold the purse strings that are very obviously controlling Alito and Thomas, is ignoring that, and is acting to strip the current government of any power it can, with the very clear goal of creating as much chaos and pain as possible, to encourage the American people to finally get desperate for someone — anyone — who might stop it.
Those Rich White Men intend to be the ones chosen, of course.
Once again, I encourage you to Vote Blue. Let’s not allow these authoritarian fascists to win. Let’s finish nailing that coffin and give Congress the power to end this Court’s lawless and fascist reign.
And when we do give Congress that power through the Democratic Party, let’s make that party do the right thing.
Expand the Court. Change how it operates to prevent politics from interfering again. And let’s figure out how to stop Congress from refusing to seat a nominated SCOTUS applicant. After all, that’s one way we got here.
Thanks for reading, and thanks to all my recent followers!
