Thursday, March 31, 2022

Expand the Supreme Court and Preserve Democracy

 By Mildred Robertson

Many Americans watched in disbelief as former president Donald J. Trump broke almost every rule established to define the boundaries of presidential power. While Democrats attempted to hold Trump accountable for his myriad infractions, on two occasions the Republican-led Congress failed to discipline the twice impeached president. Trump’s blatant disregard for the Constitution resulted in norm-busting practices which, if left to stand, may signal a failed democracy.  While both the executive and legislative branches of our government were obviously faltering, Americans maintained hope as the judicial branch continued to safeguard our democracy by ruling in favor of constitutional norms. Many courts across the country continue to stand on the watchtower to protect our freedoms…but not all.

 

As chaos overtakes every part of the American political system, the Supreme Court is the final leg of our government to buckle under the weight of partisan politics. The nation’s foundation has been shaken by this week’s revelation that Supreme Court Justice Clarence Thomas may have based his judicial decision on the release of records to the January 6th Committee on the involvement of his wife in the planning and execution of the January 6th insurrection.  During a Capitol news conference on March 31, 2020, House Speaker Nancy Pelosi, D-Calif, called for a code of ethics for the Supreme Court stating, "If your wife is an admitted and proud contributor to a coup of our country, maybe you should weigh that in your ethical standards."

 

The Founders constructed our constitution with a series of checks and balances designed to ensure that one flawed branch of government would not be able to undermine our democracy. In theory, each branch is endowed with individual powers to check the other branches and prevent any one branch from becoming too powerful. In 2022, that theory seems to be failing the test. It appears our U.S. Supreme Court may be the latest casualty of partisan politics to foreshadow our nation’s possible demise.

 

The Supreme Court, the highest court in the land, is the final arbiter of constitutional issues with which this country must grapple. While bills passed by Congress must be signed by the president, Congress still has the power to override a presidential veto, resulting in a balance of power. However, there is no power above the Supreme Court to call its actions into question. Justices have a lifetime appointment meant to insulate them from partisan influence. However, they can also become insular, making decisions to please themselves rather than to protect the constitution.  

 

The Court has, in the past, been made up of individuals who leaned either left or right, but who could be persuaded by the facts of a particular case based on the constitution. These swing votes provided for a more fair hearing of controversial issues that came before the court. However, then-Senate Leader Mitch McConnell has manipulated Court appointments by denying both President Barack Obama and President Joe Biden the opportunity to fill Supreme Court vacancies. In 2016 he refused to bring Obama’s nominee Merrick Garland to a vote, even though there remained 8 months in his presidency. Likewise, he rushed through the nomination of Amy Coney Barret only weeks before Biden’s election in order to deny him the opportunity to fill the seat of Ruth Bader Ginsburg who passed on September 18, 2020. These ideologues carry the banner for far-right issues such as anti-abortion and other conservative standards. In addition to a Court packed with rightwing enthusiasts, we now have a justice who seems to overlook rules of ethics in his decision-making.

 

Whether Clarence Thomas recuses himself from cases surrounding January 6th, at this point, is left up to no one but him. However, there is something that can be done to restore the balance of power on the highest court in the land.  Congress has the power under Article III of the Constitution to add seats to the Supreme Court. This is not an unprecedented move. The size of the Court has changed 7 times in American history. There should also be an effort to depoliticize the Supreme Court by creating term limits. This would give each president the opportunity to appoint justices each term, thereby making it more representative. Finally, the Court should be held accountable by instituting a binding code of ethics that requires recusal in cases of proven conflicts of interest.

 

In a blog post written in 2019, I said: “America stands at a crossroads. As the President of the United States engages in an all-out attack on this nation’s constitution, it occurs to me that the boundaries of our constitution are being challenged. We are about to witness whether our constitution, as framed by our Founding Fathers, can withstand the onslaught of a lawless president. Little did I know at that time that those challenges would lay as well at the feet of our legislature and our Supreme Court!  Unprecedented challenges to all three branches of our government threaten the very democracy that makes us unique among nations.  We must fight to maintain our democracy. We must fight to ensure our government works in the manner the Founders intended. To that end, we must expand the Supreme Court to restore balance, and preserve our nation.

Tuesday, March 15, 2022

Opposition to First Black Female Supreme Court Nominee

By Mildred Robertson

It seems that defending the public is viewed as a strike against Supreme Court Judge Nominee Ketanji Brown Jackson.  At least if you are a republican. As the first Black, female nominee to the nation’s highest court, Judge Jackson has come under fierce scrutiny by Republican legislators, who among other things, said her background as a public defender may mean she is soft on crime. This outcry comes after many Republican legislators, even some who had supported her in the past, faced blowback when they unsuccessfully attempted to label Biden’s nomination as an “affirmative action” choice.

Republicans, searching for ways to oppose this stellar nominee, have flailed about attempting to reconcile past bipartisan support for Jackson with current efforts to derail her nomination. Justice Jackson, who attended Harvard University for college and law school, began her legal career with three clerkships, including one with U.S. Supreme Court Associate Justice Stephen Breyer. She currently serves as a judge on the United States Court of Appeals for the District of Columbia Circuit. It was April 19, 2021, when President Joe Biden nominated Judge Jackson to the U.S. Court of Appeals. She was confirmed by the United States Senate on June 14, 2021, by a vote of 53-44. Yet less than a year later, many of these same legislators want to question her credentials.

A deeper review of her qualifications indicates that her credentials surpass several sitting justices. Judge Jackson graduated magna cum laude from Harvard University where she was editor of the Harvard Law Review. She logged six years of service as a District, Appellate, and Supreme Court judge; serving two years in each role.  She has 8 years of private service experience and 5 years working for the U.S. Sentencing Commission. Top that off with 3 years of public service and 8 years as a District Judge. Her 32 years of service far exceed that of the last two Supreme Court Justices approved by the Senate; Brett Kavanaugh and Amy Coney Barrett.

As Republicans try to paint Jackson as a far-right liberal, her record has shown her to be a moderate Justice. Further, Jackson’s life experiences have prepared her to face decisions impartially from both sides of the spectrum. Jackson has familial connections in law enforcement, as well as family members who have had run-ins with the law. “You may have read that I have one uncle who got caught up in the drug trade and received a life sentence,” said Jackson. “That is true, but law enforcement also runs in my family. In addition to my brother, I had two uncles who served decades as police officers, one of whom became the police chief in my hometown of Miami, Florida.”

To that end, a major police chief’s organization is throwing its support behind Judge Jackson. In a letter sent to the Senate Judiciary Committee on Monday, the International Association of Chiefs of Police urged senators to confirm Judge Jackson to the high court.

President Biden has clearly made an excellent choice in nominating Judge Jackson for the open seat on the Supreme Court. She is a highly qualified jurist whose record indicates that she can view issues from all sides. The record will not allow her detractors to paint her as unqualified. Her moderate record will debunk the false narrative that she will bring undue bias to the Court.  They are left with no argument other than the fact that she is a black female to oppose her appointment. It is an argument that they likely will make, nonetheless.


Monday, March 7, 2022

REDISTRICTING VICTORY FOR NC DEMS

By Mildred Robertson

North Carolinians can expect more equitable maps as they head to the polls on May 17. On Monday, March 7, the U.S. Supreme Court denied an appeal by GOP lawmakers to reinstate their gerrymandered political districts for North Carolina’s congressional elections. That means the voters will cast ballots in districts drawn by outside experts for the state’s 14 seats in the U.S. House of Representatives as prescribed by NC state courts in a redistricting lawsuit brought to achieve more fair maps.

The U.S. Supreme Court’s denial ends the GOP lawmaker’s emergency appeal to block the redrawn redistricting maps to replace their gerrymandered maps. The NC State Supreme Court let a nonpartisan panel of experts draw the new map after concluding the Republican state legislature’s map violated the state Constitution by heavily favoring Republican voters.


North Carolina is a purple state that is fairly evenly divided between Democrat and Republican voters. Approximately 36% of North Carolinians are registered Democrats, while 30% are Republicans. Unaffiliated voters account for 33% of the North Carolina voting population. The congressional maps drawn by the outside experts will produce primary and general elections more favorable to Democrats than previous maps Republicans passed in November and February where they were drawn to guarantee a Republican victory in up to 10 of the 14 districts.


While Democrats can take a victory lap for more equitable maps in 2022, the fight is not over. Several of the Supreme Court Justices wanted to take the case. In a 6-3 decision, the Court rejected the GOP redistricting case, stating that it was too close to the election to force states to redraw maps. However, several of the justices stated that the Court will eventually have to address whether a state court has the authority to reject rules adopted by a state legislature for conducting federal elections.


While not viewed as ideal by many on the left, the new maps are expected to benefit Democrats more than those proposed by the Republican-controlled state legislature. Based upon the new voting map, the GOP is expected to win seven congressional seats, while the Democrats will likely win six. A new Raleigh-area congressional seat is a probable toss-up. The U.S. House map approved by a panel of judges will only be used in the 2022 election cycle.


If Republicans retake the state Supreme Court by winning at least one of two state Supreme Court races this year and GOP lawmakers retain their legislative majorities, the party could potentially enact more partisan maps that benefit them. So it is extremely important that everyone who wants to maintain fair maps register and vote in this primary and general election.


Mail-in voting begins on March 28. The civilian voter registration deadline is April 22. One-stop, in-person early voting begins April 28 and ends at 3 p.m. May 14.