Sunday, July 17, 2022

Next on the chopping block: Gay marriage

Sen. Ted Cruz said he thinks the Supreme Court decision that legalized same-sex marriage was wrongly decided.

[...]

"Obergefell, like Roe v. Wade, ignored two centuries of our nation's history. Marriage was always an issue that was left to the states," Cruz said when asked how Obergefell could be vulnerable if it came before the Supreme Court again.

[...]

"I think that decision was clearly wrong when it was decided. It was the court overreaching," he said, adding that he's not sure if the Supreme Court would reverse it.

  MSN
This will be the Supreme Court that strips Americans of rights. It's paramount that the Court be reined in. There are several options to be pursued, among them a combination proposed by former AG Eric Holder that I think typifies the best ideas: 
  • term limits of 18 years
  • fluctuating number of justices
  • every president appoints one justice in the first year of his/her term and one in the third year
As new justices are added to the court, other justices will reach their term limit.  Immediately, Clarence Thomas will go, leaving 8 justices.  (There won't be any problem of a tie vote because they now vote generally 6 to 3.)  Thomas has been serving - and I use that term lightly - for 30 years.  

Roberts (currently serving for 16 years) will be gone by the 2024 election, when - hopefully - Biden will be replaced by another Democrat who will appoint one justice, bringing the number to 9 again.

Alito will go in the following year, bringing the number back to 8 for one year until the president gets another pick.

We will still be stuck with the Trump trio: Gorsuch, Kavanaugh and Barrett, for a number of years, but hopefully two qualified justices will have been appointed to help balance their extremist votes.

Also, further reform needs to be a code of ethics and rules for recusal.

The only snag I can see here is that the current lot will have destroyed voting rights and permitted state Republicans to rig their legislatures to favor ultra-right views, dooming us to a future controlled by anti-democracy extremists.  With presidents like that, we'll get continual Supreme Court justices like the current crop of sadists.

November this year really will be the deciding vote of whether the US has a chance to recover or it loses its democracy.

UPDATE:


UPDATE:  Another, similar, good idea for court expansion.

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