Very informative and well researched article. Unfortunately, you’re preaching to the choir. Not a single MAGA (even the few that can read) or republican will ever read or understand this.
Nina, I think he is not preaching but teaching. There's a big difference between merely believing something is wrong and being able to explain what's wrong with it.
"The most outrageous blow came two months later, in June. Even though multiple lower courts had offered voluminous evidence that Alabama had created a map explicitly designed for racial discrimination, meeting the steep standard of Callais, the Roberts Court cast aside its own standard to allow the map to be used in 2026."
Roberts will go down in history as the Roger B Taney (Dred Scott decision) of our time.
Proof positive that we need major Supreme Court reforms.
The fact that Thomas and Alito "should" recuse themselves has no meaning to these "gentlemen." It has to be made mandatory - recuse or impeachment! Decisions regarding refusal v. non-recusal could be delegated to a panel of retired judges.
Of course they won't. Maybe we could work on explaining it to, say, members of the press and our current representatives in Congress, especially the Republican ones?
First-rate essay! My only quibble is that, while I agree SCOTUS has played a significant role in turning Congress into a herd of geldings, I would add that a hefty percentage of GOP members of the House and Senate, most notably House Squeaker Mike Johnson, happily did it to themselves, all in the interest of pleasing Dear Leader.
My MAGA rep Bunker Ben Cline loves the salary, staff and perks while doing NOTHING unless Dear Leader directs him. We're deep red, but we are working to elect Beth Macy in VA06. She took on Purdue Pharma (She wrote "Dopesick"). She is not afraid of anyone.
I understand now why the proposals are for 18 years and (if 13 justices) 26 years maximum terms. But even 18 years is too damn long for justices to sit on that Court. It's clear now how much age affects the abilities of judges to keep up with the evolution of technology and society. Air out the house more often, or it stinks.
Age is likely less of an issue than the corruption brought on by the lack of external ethical guidlines which should be rigidly enforced. That includes recusal from conflict of interest cases, to acceptance of what are called bribes in any other parlance.
Yes, sir, Mr. Ornstein, you are exactly right. I think you should be on the commission to reshape the blatantly rogue SupCt. Everything you said is so painfully true. Thank you for fighting for our democracy.
That's why we have to register every possible voter and work hard to make every vote get counted and certified in November!! And that's why trump will do everything to stop just that.
The People commanded in Article I that "All legislative Powers herein granted shall be vested in a Congress of the United States.' Such powers included the power and duty "To make all Laws" that turn out to "be necessary and proper for carrying into Execution" not only all "the foregoing Powers" (of Congress), but also "all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." The people of each generation were expected to elect people to Congress and to the presidency to enact laws that represent our interests in light of the exigencies of our time.
The People also commanded that the president would have only "executive Power," i.e., "take Care that the Laws be faithfully executed" and otherwise to "preserve, protect and defend the Constitution of the United States."
The People didn't give federal judges any power to say that Congress ceded any of its powers to the president. Article III commands that federal "judicial Power shall extend" no further than to deciding (and explaining) how "this Constitution, the Laws of the United States, and Treaties" govern the facts of any particular case or controversy.
And Article VI emphasizes that every state or federal public servant (and all attorneys) are "bound" to "support this Constitution" as the paramount part of "the supreme Law of the Land."
I believe that in the wake of the Slaughter case, there will be a move to further refine the "intelligible principle" standard to reduce the ambiguity of laws passed by Congress.
The Court is so far gone they don't even bother to avoid rank hypocrisy that even non-experts and non-lawyers can see, let alone adherence to precedent. Self-described Originalists cherrypick or ignore history and Textualists ignore or just change the plain meaning of words. The Cook and Slaughter decisions are irreconcilable despite Roberts writing both of them and issuing them simultaneously. Justice Jackson pointed out Thomas's hypocrisy in calling the Constitution "color blind" in one decision but saying birthright citizenship was reserved for Black Americans. The excellent history compiled by Mr. Ornstein does not include all of the cases decided on the shadow docket most of which have absolutely no explanation. The current Republican-appointed majority treats their bosses, We the People, with naked contempt.
I agreed with this opinion before I read the article. Now, having read the article, I am LIVID! Seeing it laid out in such a stark manner just makes it clear how vile the Roberts court has become.
And the remedies offered in this piece won't just neuter the hacks on the Roberts court. They will go a long way to preventing ANY future court from abusing its power this way.
After reading this, there are fewer phrases more appropriate than what William Bendix offered in the TV series "Life of Riley": "What a revolting development this is."
"Length alone does not fully describe the reality that Congress is first among equals in our three branches."
That reality has shifted abysmally as Congress has given away so much of its authority and responsibility to the president, and what it hasn't given away, accepts and signs off on the demands without question.
The supreme court (lower case intentional) has lost its supremacy to a corrupt group of justices who support what should be illegal presidential behavior. It's no wonder the approval rating is so low.
I worry that the Republican Senate may expand Scotus. A simple majority in both Houses is sufficient. A filibuster would push the Senate to requiring 60 votes.
Excellent article and right on. I am so sick of all this shit I could scream 😱 John Roberts is a manipulative lying bastard and his wife and he belong behind bars. I’m so frustrated with the endless reporting about what these assholes are going and yet we do near nothing (by volume) to stop it. The court hearings are great but take too long and can’t be done fast to keep up with everything. I think the DNC needs to take the lead and coordinate with all the other organizations. There are a lot of people doing good stuff but it’s not an overall total effort to coordinate masses! Then there is the constant need for donations. I don’t mind donating but I can’t fund every action needed! Steve at Stand up America…I’m having a brain block, Ezra at Indivisible etc are trying to coordinate white people being in voting areas to accompany people of color to the polls to vote. If they coordinated on a broader level they could pool resources! Also, the people that wanted a strike had a great idea but of course due to money most people can’t just walk off their jobs. What people can do is stop using social media sites and television stations that support these asshats and stop buying products from any corporation! If people would set aside their damned convenience for the sake of saving the country we might actually be able to make a huge impact! There are way more of us than them but that doesn’t matter if half the people are never reached and keep on feeding that damn machine that got us here. There needs to be a full out block on any flippin’ legislation created by a republican! I don’t care who! I’m done playing nice. Even your article sites all the compromises and accommodations made to the republicans over the last 50 years. We need a way to reach every voter and get some clear messages out! Inexpensively! We can use flyers! Use drones to distribute. If I was running for office that is how I’d announce myself in every town as I made my way to rural areas. We can use that, door knocking, post cards, billboards…the list goes on. We need to stop thinking electronic because these asses are just always up to something to mess with us. Get back to basics like the humiliation campaigns Steve is running to call out the crap. Maybe it’s time now to go quiet, find a way to connect without tech watching every move. They are scraping all our data anyway. Also, apparently the DNC needs to send to every Democratic voter a copy of the damn Declaration of Independence, Bill of Rights, and Constitution! People need to start paying attention. I am so fed up and feel like we aren’t doing enough or getting mad enough. I’m so sick of the bullshit and the news programs spending day in and out on non-news! Tell me in what world Nancy Pelosi’s husband having a fender bender is national news 🤦♀️ who the hell cares 🤷♀️
"These truths should be self-evident. But not to the Roberts Court. In a series of arrogant, ahistorical, anti-Constitutional decisions, the Supreme Court has arrogated to itself the power to defang Congress, undermine democracy, and unleash a corrupt, power-hungry, vindictive president with dictatorial powers (and few, if any, constraints), destroying the delicate checks and balances foundational to our political system."
Yeah, absolutely no bias at all in that assessment, Norm...
Very informative and well researched article. Unfortunately, you’re preaching to the choir. Not a single MAGA (even the few that can read) or republican will ever read or understand this.
Nina, I think he is not preaching but teaching. There's a big difference between merely believing something is wrong and being able to explain what's wrong with it.
"The most outrageous blow came two months later, in June. Even though multiple lower courts had offered voluminous evidence that Alabama had created a map explicitly designed for racial discrimination, meeting the steep standard of Callais, the Roberts Court cast aside its own standard to allow the map to be used in 2026."
Roberts will go down in history as the Roger B Taney (Dred Scott decision) of our time.
Proof positive that we need major Supreme Court reforms.
Now.
These guys are overtly corrupt.
Still waiting for motions to recuse Thomas and Alito....
Still waiting for motions to IMPEACH Thomas and Alito....
Fixed that for ya.
The fact that Thomas and Alito "should" recuse themselves has no meaning to these "gentlemen." It has to be made mandatory - recuse or impeachment! Decisions regarding refusal v. non-recusal could be delegated to a panel of retired judges.
Of course they won't. Maybe we could work on explaining it to, say, members of the press and our current representatives in Congress, especially the Republican ones?
What a well written article. Thank you for laying out the actions of the Robert’s court so clearly.
First-rate essay! My only quibble is that, while I agree SCOTUS has played a significant role in turning Congress into a herd of geldings, I would add that a hefty percentage of GOP members of the House and Senate, most notably House Squeaker Mike Johnson, happily did it to themselves, all in the interest of pleasing Dear Leader.
Pleasing dear leader and grabbing all the money they can from the real ruling class of late…the billionnaires.
My MAGA rep Bunker Ben Cline loves the salary, staff and perks while doing NOTHING unless Dear Leader directs him. We're deep red, but we are working to elect Beth Macy in VA06. She took on Purdue Pharma (She wrote "Dopesick"). She is not afraid of anyone.
So heartening to read solutions to the court’s willing surrender to an autocrat!
I understand now why the proposals are for 18 years and (if 13 justices) 26 years maximum terms. But even 18 years is too damn long for justices to sit on that Court. It's clear now how much age affects the abilities of judges to keep up with the evolution of technology and society. Air out the house more often, or it stinks.
Age is likely less of an issue than the corruption brought on by the lack of external ethical guidlines which should be rigidly enforced. That includes recusal from conflict of interest cases, to acceptance of what are called bribes in any other parlance.
Thomas, those term limits are too long.
Term limits to 8 years and make them retroactive.
Yes, sir, Mr. Ornstein, you are exactly right. I think you should be on the commission to reshape the blatantly rogue SupCt. Everything you said is so painfully true. Thank you for fighting for our democracy.
This GOP Congress will not do anything to limit what Trump does. Party loyalty has overcome common sense and loyalty to the Constitution.
....And service to the constituents who elected them. Once in, special interests took over.
Ongoing litigation in Pennsyltucky. Did Trump admit that Musk stole Pennsylvania in 2024?
Election Truth Alliance v. SCHMIDT (1:25-cv-00329)
District Court, W.D. Pennsylvania
https://www.courtlistener.com/docket/71883352/parties/election-truth-alliance-v-schmidt/
MSM has yet to hear from Ashley St. Clair.
That's why we have to register every possible voter and work hard to make every vote get counted and certified in November!! And that's why trump will do everything to stop just that.
Not just party loyalty. They are grifters as well as traitors too.
"Length alone does not fully describe the reality that Congress is first among equals in our three branches."
Perhaps you can write a piece discussing how Congress has ceded its powers over the years.
Congress cannot cede its powers to the president.
The People commanded in Article I that "All legislative Powers herein granted shall be vested in a Congress of the United States.' Such powers included the power and duty "To make all Laws" that turn out to "be necessary and proper for carrying into Execution" not only all "the foregoing Powers" (of Congress), but also "all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." The people of each generation were expected to elect people to Congress and to the presidency to enact laws that represent our interests in light of the exigencies of our time.
The People also commanded that the president would have only "executive Power," i.e., "take Care that the Laws be faithfully executed" and otherwise to "preserve, protect and defend the Constitution of the United States."
The People didn't give federal judges any power to say that Congress ceded any of its powers to the president. Article III commands that federal "judicial Power shall extend" no further than to deciding (and explaining) how "this Constitution, the Laws of the United States, and Treaties" govern the facts of any particular case or controversy.
And Article VI emphasizes that every state or federal public servant (and all attorneys) are "bound" to "support this Constitution" as the paramount part of "the supreme Law of the Land."
I believe that in the wake of the Slaughter case, there will be a move to further refine the "intelligible principle" standard to reduce the ambiguity of laws passed by Congress.
The Court is so far gone they don't even bother to avoid rank hypocrisy that even non-experts and non-lawyers can see, let alone adherence to precedent. Self-described Originalists cherrypick or ignore history and Textualists ignore or just change the plain meaning of words. The Cook and Slaughter decisions are irreconcilable despite Roberts writing both of them and issuing them simultaneously. Justice Jackson pointed out Thomas's hypocrisy in calling the Constitution "color blind" in one decision but saying birthright citizenship was reserved for Black Americans. The excellent history compiled by Mr. Ornstein does not include all of the cases decided on the shadow docket most of which have absolutely no explanation. The current Republican-appointed majority treats their bosses, We the People, with naked contempt.
I agreed with this opinion before I read the article. Now, having read the article, I am LIVID! Seeing it laid out in such a stark manner just makes it clear how vile the Roberts court has become.
And the remedies offered in this piece won't just neuter the hacks on the Roberts court. They will go a long way to preventing ANY future court from abusing its power this way.
After reading this, there are fewer phrases more appropriate than what William Bendix offered in the TV series "Life of Riley": "What a revolting development this is."
"Length alone does not fully describe the reality that Congress is first among equals in our three branches."
That reality has shifted abysmally as Congress has given away so much of its authority and responsibility to the president, and what it hasn't given away, accepts and signs off on the demands without question.
The supreme court (lower case intentional) has lost its supremacy to a corrupt group of justices who support what should be illegal presidential behavior. It's no wonder the approval rating is so low.
I worry that the Republican Senate may expand Scotus. A simple majority in both Houses is sufficient. A filibuster would push the Senate to requiring 60 votes.
Correction, an impeachment conviction always requires a two thirds majority.
Excellent article and right on. I am so sick of all this shit I could scream 😱 John Roberts is a manipulative lying bastard and his wife and he belong behind bars. I’m so frustrated with the endless reporting about what these assholes are going and yet we do near nothing (by volume) to stop it. The court hearings are great but take too long and can’t be done fast to keep up with everything. I think the DNC needs to take the lead and coordinate with all the other organizations. There are a lot of people doing good stuff but it’s not an overall total effort to coordinate masses! Then there is the constant need for donations. I don’t mind donating but I can’t fund every action needed! Steve at Stand up America…I’m having a brain block, Ezra at Indivisible etc are trying to coordinate white people being in voting areas to accompany people of color to the polls to vote. If they coordinated on a broader level they could pool resources! Also, the people that wanted a strike had a great idea but of course due to money most people can’t just walk off their jobs. What people can do is stop using social media sites and television stations that support these asshats and stop buying products from any corporation! If people would set aside their damned convenience for the sake of saving the country we might actually be able to make a huge impact! There are way more of us than them but that doesn’t matter if half the people are never reached and keep on feeding that damn machine that got us here. There needs to be a full out block on any flippin’ legislation created by a republican! I don’t care who! I’m done playing nice. Even your article sites all the compromises and accommodations made to the republicans over the last 50 years. We need a way to reach every voter and get some clear messages out! Inexpensively! We can use flyers! Use drones to distribute. If I was running for office that is how I’d announce myself in every town as I made my way to rural areas. We can use that, door knocking, post cards, billboards…the list goes on. We need to stop thinking electronic because these asses are just always up to something to mess with us. Get back to basics like the humiliation campaigns Steve is running to call out the crap. Maybe it’s time now to go quiet, find a way to connect without tech watching every move. They are scraping all our data anyway. Also, apparently the DNC needs to send to every Democratic voter a copy of the damn Declaration of Independence, Bill of Rights, and Constitution! People need to start paying attention. I am so fed up and feel like we aren’t doing enough or getting mad enough. I’m so sick of the bullshit and the news programs spending day in and out on non-news! Tell me in what world Nancy Pelosi’s husband having a fender bender is national news 🤦♀️ who the hell cares 🤷♀️
My error, Steve Schmidt at Save America Movement SAM is the person I meant to be referencing.
Well said and the need is desperate . Who can make it happen and how can they make it happen?
Thank you.
Nobody, and nohow. Hence the problem.
"These truths should be self-evident. But not to the Roberts Court. In a series of arrogant, ahistorical, anti-Constitutional decisions, the Supreme Court has arrogated to itself the power to defang Congress, undermine democracy, and unleash a corrupt, power-hungry, vindictive president with dictatorial powers (and few, if any, constraints), destroying the delicate checks and balances foundational to our political system."
Yeah, absolutely no bias at all in that assessment, Norm...