As long as there have been Supreme Court decisions, there have been members of Congress who have been unhappy with the justices’ opinions. Historically, this has often resulted in complaints and concerns, but little in actual legislative action.
That said, it would be an exaggeration for determined legislators to claim that members literal no options if sitting Supreme Court justices 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, a leading Democrat is eager to exercise that authority.
The New York Democrat did not specify which justices she plans to target with articles of impeachment, though the congresswoman — who is sometimes known by her initials “AOC” — did say in an online statement: “The Supreme Court has been consumed by a corruption crisis beyond its control. Today’s ruling is an assault on American democracy. It is up to Congress to defend our nation from this authoritarian overthrow.”
Ocasio-Cortez wasn’t the only one seeking legislative solutions. Rep. Joe Morelle, another New York Democrat, responded to the Trump v. U.S. ruling by promising to introduce a constitutional amendment that would “overturn the Supreme Court’s damaging immunity ruling and ensure that no president is above the law.”
Meanwhile, Democratic Rep. Bonnie Watson Coleman of New Jersey issued a written statement that said, in part: “We must take all available measures to rein in the increasingly unbridled power of this radical court, including a binding code of ethics and expanding the number of justices. Six people who were never elected can no longer be allowed to destroy our democracy.”
There are a couple of ways to judge this kind of effort. The first is on the merits, and on that level it’s easy to sympathize with the Democratic proposals. The radicalized Republican majority on the Supreme Court has made indefensible moves in recent years, but elevating 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 impeachment, and the last time such a case even reached the Senate was 220 years ago. Relatedly, the Constitution has never been amended to overturn a Supreme Court misdemeanor, and while Congress has expanded the Supreme Court before, that was 155 years ago, and the chances of such an effort clearing Capitol Hill anytime soon are extremely remote.
Or, put another way, the Democratic responses to Trump v. USA may seem logical, but those hoping for such measures to pass should temper their expectations.
But if Congress can’t fix what the Republican judges broke, what then? is the solution?
There is “very little we can do except elect a Democrat [as president] Who will appoint vacancies if the Democrats remain in power? [the] Senate,” Democratic Rep. Steve Cohen of Tennessee told Axios.
In other words, those looking for a solution should not look to Congress, but to the voters, who now have an additional reason to make a wise choice.
This article was originally published on MSNBC.com
