Saturday, February 09, 2019

Impeachment and the Supreme Court

The problem is not having a Supreme Court, but having one that could go against the will of the majority of the American people on vital democratic rights. For example, Trump, as well as Bush Jr., got to the presidency by flukes and they did not represent the choice of the American people. Trump especially represents a very conservative to ultra-right minority and has already appointed two Supreme Court justices who represent views out of sync with the general population and approach constitutional questions from an extremely undemocratic interpretive stance based on their personal political ideologies, this also applies to others on the court but more so to the so-called conservatives who reflect the minority sentiments of the population. Congress has the power to impeach a Supreme Court justice and should not be afraid to use this power to protect the democratic rights of the American people if it is determined a justice is violating his/her oath to defend the Constitution or that he/she lied or dissembled to Congress during confirmation hearings in order to be confirmed. There is prima facie evidence that Justice Thomas, for example, may have been guilty of lying to Congress about the Anita Hill affair and there is no reason a newly elected Congress cannot reopen hearings to determine if a previous Congress was lied to. Justices are not sacrosanct and the democratic rights of the American people are too valuable to be held hostage by a cabal of Justices operating to further the interests of a political party or partisan minority against the general will of the people.
NYTIMES.COM
The chief justice, a student of legal rules governing precedent, balances guarding his court’s legitimacy against his generally conservative impulses.

No comments: