OPINION:
Democrats introduced a piece of legislation to limit the terms of U.S. Supreme Court justices, saying it’s necessary in order to “restore legitimacy and independence” at the highest legal authority in the land.
That’s code for: “These conservatives are killing us!”
Democrats, as Democrats are wont to do, seek to change the Constitution when they can’t bend the Constitution to their will.
“The judicial power of the United States shall be vested in one Supreme Court,” states Article III, Section One of the Constitution.
“[A]nd in such inferior courts as Congress may from time to time ordain and establish,” the Constitution goes on to state.
“The judges, both of the supreme and inferior courts, shall hold their offices during good behavior …” the section continues.
And on all that, Democrats gnash and grind their teeth.
When the courts give rulings the Democrats like, Democrats talk about the courts as if they’re the final arbiter of constitutional matters; the experts on yea-ing or nay-ing the legal and constitutional aspects of laws. It’s settled law — they cry, whenever laws are settled in manners of which they approve.
But when the courts rule against Democrat will?
Hell hath no fury like a Democrat scorned.
“Five of the six conservative justices on the bench were appointed by presidents who lost the popular vote, and they are now racing to impose their out-of-touch agenda on the American people, who do not want it,” said Rep. Hank Johnson, a Democrat from Georgia, about the bill to limit SCOTUS justices to 18-year terms. “Term limits are a necessary step toward restoring balance to this radical, unrestrained majority on the court.”
Democrats seek to change the courts.
Democrats seek to undercut the authorities of the court.
Democrats seek to upset the balance of powers that are supposed to be shared among the branches of government: legislative, executive and judicial — separate but equal.
Founding Fathers wanted the courts to be above political considerations. They wanted the will of the people to be vested in the legislatures and, to a certain degree, in the executive. But they wanted courts to execute judgments above the political fray, absent concerns and worries about upcoming elections, or losing seats, or doing the bidding of any politically charged overlords.
And that’s what Democrats can’t stand.
They can’t control the courts, so they seek to change the courts in a way that gives them control.
The Supreme Court Tenure Establishment and Retirement Modernization Act would allow the president to nominate SCOTUS justices every two years, and then move those who’ve served the longest on the court to a senior status. The seniors, after 18 years of service, would be forced into retirement.
This is how Democrats seek to “restore legitimacy and independence” to the high court — by inserting legislative controls that strip justices of independence?
It’s sour grapes, pure and simple. Leftists lost on several recent cases that were ruled on strict constitutional lines, and now they want to change the court so the Constitution is bowed by politics. What’s more, they know a conservative tsunami is coming in the midterms and in 2024, so they’re taking preemptive measures to offset the chance of the next Republican president and the next Republican-dominated Senate from filling court vacancies with good, solid constitutionalists. Sour grapes. Democrats will do whatever it takes, it seems, to force the courts, the Republican Party and even the American people to bend to their far-leftist wills.
• Cheryl Chumley can be reached at cchumley@washingtontimes.com or on Twitter, @ckchumley. Listen to her podcast “Bold and Blunt” by clicking HERE. And never miss her column; subscribe to her newsletter and podcast by clicking HERE. Her latest book, “Lockdown: The Socialist Plan To Take Away Your Freedom,” is available by clicking HERE or clicking HERE or CLICKING HERE.
Please read our comment policy before commenting.