For as long as there have been Supreme Court rulings, there have been members of Congress dissatisfied with the justices’ opinions. Historically, this tends to lead to complaints and concerns, but little in the way of actual legislative actions.
That said, for determined lawmakers, it would be an overstatement to argue that members have literally no options when sitting justices on the high court go too far. For example, as part of the Madisonian model of checks and balances, members of Congress have impeachment authority — and as The New Republic noted, one high-profile Democrat is eager to exercise that authority.
The New York Democrat didn’t specify which justices she intends to target with articles of impeachment, though the congresswoman — who’s sometimes known by her “AOC” initials — did say in an online statement, “The Supreme Court has become consumed by a corruption crisis beyond its control. Today’s ruling represents an assault on American democracy. It is up to Congress to defend our nation from this authoritarian capture.”
Ocasio-Cortez wasn’t alone in seeking legislative remedies. Rep. Joe Morelle, another New York Democrat, responded to the Trump v. U.S. ruling by vowing to introduce a constitutional amendment that would reverse the Supreme Court’s “harmful immunity decision and ensure that no president is above the law.”
Democratic Rep. Bonnie Watson Coleman of New Jersey, meanwhile, issued a written statement that read in part, “We must take all available measures to reign in the increasingly unfettered power of this radical court, including a binding code of ethics and expanding the number of justices. Six people who were never elected cannot be allowed to continue destroying our democracy.”
There are a couple of ways to assess efforts like these. The first is on the merits, and on that front, it’s easy to be sympathetic to the Democratic proposals. The Supreme Court’s radicalized Republican majority has taken indefensible steps in recent years, but to elevate the presidency above the law is a uniquely pernicious act.
The second, however, is more pragmatic. No sitting justice has ever been removed from office through the impeachment process, and the last time such a case even went to the Senate was 220 years ago. Relatedly, the Constitution has never been amended to reverse a misguided Supreme Court decision, and while Congress has expanded the Supreme Court before, it’s been 155 years, and the odds of such an effort clearing Capitol Hill anytime soon are extraordinarily remote.
Or put another way, the Democratic responses to Trump v. U.S. might make sense, but those hoping to see such measures advance should lower their expectations.
But if Congress can’t fix what Republican justices have broken, what is the remedy?
There is “very little we can do except elect a Democrat [as president] who will appoint vacancies if Democrats hold [the] Senate,” Democratic Rep. Steve Cohen of Tennessee told Axios.
In other words, those looking for a recourse shouldn’t look to Congress, they should look to voters, who now have an added reason to choose wisely.
This article was originally published on MSNBC.com
EMEA Tribune is not involved in this news article, it is taken from our partners and or from the News Agencies. Copyright and Credit go to the News Agencies, email news@emeatribune.com Follow our WhatsApp verified Channel
