I Have Lots To Say About SCOTUS

There are a few things I would like to say before the nomination and hearing process starts…..before the circus and comedy tale begins.

We are having a knockdown and dragged out fight between the parties over the choices for the Supreme Court.

I have told the readers what I think of the most recent fight involving the replacement of Judge Ginsburg….but in case are are ill informed…..https://lobotero.com/2020/09/23/dems-need-to-buck-up/

But that is not where I will stop…there is so much more I need to say….if for no other reason that to get it off my chest.

My biggest question is…..why are they appointed for life?  No one else in the scheme of things in the government has a job for life…why the justices?  They can only lose their gig through misadventure (and that is a hard thing to prove)……

Did you know that since it’s beginning the Supreme Court has had only 17 chief justices?  244 years and that is all the chief justices we have had…..and they have in the past overruled their own rulings…..like Plessey v Ferguson(1896) gave us the law of segregation…..whereas the idea of  ‘separate but equal’ facilities….Brown v Board of Education (1954) overturned it.

By stacking the court with ideologues any progress can be overturned…now you see why their political ideology is so important these….once again it is not so much about the law but rather the political agenda.

There is more……if this is truly important then maybe learning about the branch would be wise.   http://supremecourthistory.org/

Picking a judge should be about the Constitution and seeing it is upheld at every turn….not about some political ideology agenda as it is today.

No one should have a government job for life.

It is the 21st century time for the US to move out of the shadow of the 19th century and update the Constitution to reflect society of the present.

Some changes to the federal judge positions…..all judges to include SCOTUS….they should be limited to 2 5 year terms…and the chief justice is based on seniority not favor from the president…..if the branch is suppose to be independent then make it so.

Then there has been floated the idea that SCOTUS judges should be elected as in the states.  I disagree!  That opens up justice to the influence of money and power more so than today.

Qualifications should be for SCOTUS…..20 years experience as a trial judge.  For federal judges there should be at least 10 years of experience….with no political affiliations.

Justices are chosen, in descending order, first by ideology, confirmability, age, race and gender…..no where is a training in law a requirement only considered because of tradition.

Learn Stuff!

I Read, I Write, You Know

“lego ergo scribo”

13 thoughts on “I Have Lots To Say About SCOTUS

  1. I’m guessing a “lifetime appointment” meant 10 or 15 years max. I’m sure they didn’t anticipate someone hitting the court and staying there more than 20 years just because of life expectancy and all. I wonder how many 80 or 90 year olds were walking around during the Constitution years.

    Well, I do think prior experience as a judge on the bench would be helpful, a certain number of years and whatnot. I like that idea, it gives us a record to work with on their decisions or biases. And since tech changes so much and the lifespan can be quite long, it makes sense that fresher judges should be in occasionally who have real world experience with the new tech and all. I wish I remembered the source, but several years ago there was an article about how most justices didn’t know how to use e-mail. Well, this article hit on some of the other stuff I wasn’t aware of regarding technology and the justices: https://www.dailydot.com/debug/supreme-court-justices-email/

    Yikes. We need to figure out what “lifetime appointments” ended up becoming in 1800 (at least) and calculate from there to come to a more rational figure. But that’s not super helpful, either, since they vary quite wildly from 1 year to 33 years in those first dozen justices or so. Maybe just cap it at 20 years and if they wanna retire earlier, great. Start the clock, newbie gets 20 years max. If they resign, they’re done, no re-starting the clock.

    1. THere is a new bill that will limit the term to 18 years……and something about the number of judges a prez can nominate…..I will write about it when I have more. chuq

      1. I really like the sound of the new bill. It’s something alongside what many liberal and conservative legal scholars have been espousing for years. While I’m sure Republicans will turn their noses up at it, maybe if Biden gets in and or the Senate flips, it will have a chance. It won’t do any good now, but at least it will make the process more fair regarding future appointments.

      2. ooh, please do! That will be interesting to find out. As long as we stagger the appointments, that’ll help ensure that smoother transition rather than the “midnight judges” thing like John Adams tried to do.

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