If Barrett doesn't recuse from election cases the House should investigate ethics violations
I suggested this a few threads but wanted to throw it out there for thoughts. I think typically such an investigation would be DOA but in this instance, given the timing around her nomination and confirmation (and recent comments by Trump and McConnell) I think it brings up interesting questions.
And I think given some of Thomas's wife's recent Facebook posts, he should have to recuse as well. And we could open an ethics investigation against him as well.
These types of hearings could lay the groundwork work for legislation to maybe change the way the SC operates.
Guess who gets to weigh in on "legislation to maybe change the way the SC operates"?
They simply declare any law that imposes such standards on the court to be unconstitutional.
Those kind of cases may not just come along every minute.
should any attempt be made to change the court. It will be filed before a friendly judge.
Not doubt that Biden will win or that well control the Senate. But its unlikely that the balance on the court will be changed unless/until a conservative retires or dies.
I dont think the filibuster is going anywhere... and thus, neither is the size of the court.
SCROTUS can say anything they want, but they don't get to decide.
Article III gives Congress much greater power regarding inferior courts.
Congress has the power to change the size of the court... or in some cases the jurisdiction of the court... but they can't set up a system whereby they get to decide which of them can and can't hear given cases.
I agree - Congress doesn't tell individual Justices which cases they may hear.
and if they did, the SC would simply rule it unconstitutional
There's lots of legislation effecting the judicial system (actually... both affecting and effecting). They created much of the system after all.
But their ability to change the practices of SCOTUS itself is more limited by the separation of powers.
Any legislation would have to be passed by the House and Senate and be signed by the president.
The constitution doesn't say that the SC can't have rules under which they operate.
And while you may not be limited in removing a justice (impeachment) there may be other penalties imposed, such as fines, suspensions, etc.
Is nothing else, a good public shaming.
I hope to God the Democrats take both houses.
Where in the Senate do you see 67 Senators voting to convict and remove any Justice?
but the fastest way to re-balance the court is to add 4 more seats to match the number of Circuit Courts.