On July 3rd, two days after the absurd decision by the Supreme Court was dumped on the porch step of the nation, I began to ponder what might be done to counter this nonsense. I remembered that I once heard a sagacious legal mind proffer that the Supreme Court had no actual power of enforcement regarding their rulings. They rely on the other two branches, especially the Executive Branch, lower courts, legal professionals, law schools and the citizenry to accept their rulings as the law of the land.
https://www.perplexity.ai/search/what-means-does-the-u-s-suprem-ortMv5zqTDSWrLzpsd8_9g#0
If that is true, legal and constitutional, then why are we accepting this crap? Especially the Immunity case. So, I read many columns in reputable journals regarding the reactions to this decision. I watched news show featuring esteemed legal guests discuss the ruling. I listened to podcasts. It’s been nearly three weeks of “woe is us” and panic. No solutions were put forth until last week when AOC spoke to an empty House floor regarding drawing up impeachment papers for Justices Thomas & Alito. Then Senator Whitehouse promoting prosecution of those same two Justices. He cynically added that he doubted Attorney General Garland would respond in any way. And, finally, the Institutionalist, President Biden, allowed that “something needs to be done.”
As of now, I have yet to see or hear of an actual plan of action. It just so happens on that cold day of July 3rd, I came up with just such a plan. On the 4th, in a patriotic wave to the flag, I ran it by some colleagues to see if it made sense to them. It did. So, after patiently waiting for someone else with more expertise and national recognition to layout a blueprint of action (yea, sure) and being encouraged by last week’s utterings by AOC, Sheldon Whitehouse, and Joe Biden, I present to you my solution to the dilemma of dealing with an illegitimate, outlaw Branch of our Constitutional Government:
Cancel the Supreme Court of the United States of America
(until further notice)
Sounds crazy? Crazier than some of their recent decisions? Not by a long shot! Here’s the plan:
Since the Executive Branch holds the main power of enforcement, they also have the actual force to close down the Supreme Court Building. Issue orders for ALL personnel to remove their belongings within 7 days. This includes all nine Justices and their cadre of clerks and support staff. The entire bunch will be on leave without pay until further notice. Only Capital Police and maintenance crews will be allowed in the building. It shall be well protected. As it is summer and the Court is on hiatus/vacation/sabbatical, whatever, it is a perfect time to do so. Ironically (and karmically?) the Immunity decision gives Biden authority to do just that, with impunity. Let the White House staff attorneys hash it out with the phalanx of legal professionals currently serving the Court as to the paychecks.
Would this throw the U.S. Justice System into the type of chaos Steve Bannon can only dream of? Absolutely not. As a matter of fact, we as a nation may discover that SCOTUS, having devolved into the semi-corrupt bastion of political hacks, has become vestigial. We may never miss it. Besides, the United States Court of Appeals for the District of Columbia Circuit is more than qualified to take the necessary cases while filtering out the junk cases taken by the Supremes far too often. There is an even number of Justices on that bench nominated by the two Parties. They maintain far higher regard from the citizenry than do the Supremes at this time. Until further notice, the buck stops there. Business as usual for the rest of the circuits.
Since the U.S. C. of A. DC Circuit has already ruled on the so-called Immunity case, Judge Chutkan may proceed with her case without further interference or delay. Hopefully, the 11th Circuit will do what is right and remove the fully corrupt Judge Cannon from her case so that it can be administered by Chief Justice Altonaga of the same district. She should have had such an important case at the outset. That case can then proceed posthaste. Finally, this means Judge Merchan may go to the sentencing phase of his trial that was supposed to occur on July 11th. The legal voters can thus be fully informed and made completely aware of all the facts before making their decision in the upcoming presidential election in November.
At that point, maybe we can return to being a Nation of Laws and not Men.
Sounds good, Mr. Black, but what now with the folks on leave from the Supreme Courthouse? I would say that would be up to the temporarily suspended Chief Justice Roberts. If he wants to man up, take control and perform his sworn duties with honor, then I would suggest the obvious: Order Thomas and Alito to resign IMMEDIATELY. They should be prosecuted by the current Justice Department, per the letter from Senator Whitehouse. Roberts should admit publicly that the three Trump appointees needed to recuse themselves from the Immunity case for blatantly obvious reasons, and, more importantly, that the case should have been settled law at the conclusion of the USCADCC verdict.
The three Justices identifying as female should take their case to the streets: Get tour buses not paid for by Master Crow. Travel our great nation far and wide, giving speeches at prominent law schools, appear on as many news shows as they can stomach, and spread their message as to why and how the Supreme Court of the U.S. can regain legitimacy in the manner that the Constitution intended. They need to go public, offering insights as to the backroom, untelevised shenanigans that lead to the partisan, activist decisions we have been enduring for the past few years.
One more bold move to test the sincerity of Chief Justice Roberts. Given Biden’s temporary immunity, he can have Leonard Leo arrested, and tried on a fast track. Award him the death penalty. Put him in front of 10 sharpshooters with AR-15’s with bump stocks. In front of an avalanche of news cameras and journalists, a call goes out to John Roberts, as if he were the governor in a black & white film (or modern-day Alabama). Thumbs up or thumbs down, Mr. Roberts? I sense, he would come to the rescue of Mr. Leo, his mentor, thus killing a few bad decisions with one stone. Goodbye death penalty, goodbye bump stocks, and goodbye Presidential Immunity. And, most likely, goodbye Mr. Trump, without violence.
With that, the United States of America lives happily ever after as a Nation of Laws. Oh, and just maybe, Mr. Roberts saves the Supreme Court.
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Please note: Why am I bothering with this act of apparent futility? I thought about that on the 3rd of July, too. I am nobody, but a simple citizen of the United States. However, when I saw a loophole in this tattered legal system of ours, I had to act. The only power I have is that of little Johnny Appleseed. I will plant this seedling of an idea/notion/concept to 20 or 30 far more qualified and influential people and publications than me. If each of them do the same, going higher and higher up the food chain, deans of law schools, other courts, important citizens, and the like, maybe it can reach the Biden/Garland Justice Department.
God knows, both could use this opportunity, handed to them on a silver platter by the Roberts Court, to show some spine and actually DO something. Now that President Biden has become a lame duck for the rest of his term, all the more reason to go out with a bang!! He indicated, on his recent address to the nation regarding his decision to hand the baton to VP Harris for the upcoming election, that he intends to put forth some reforms regarding the renegade court. GOOD. This is the perfect plan. Free from the burden of campaigning, he has the time to do this. Do not go gentle into that good night.
As for everyone claiming the sky is falling and that our democracy is on the line with this election, then quit whining and make this happen. Else, your credibility is on the line and your protestations will only be so much hyperbole. It appears that much of our Constitution relied on the integrity of gentlemen and the honor of citizens. Conman Trump has shown what happens when that notion is crushed asunder. The current Republican party has eschewed the burden of facts and truth-telling. They are playing hardball for absolute power and will do ANYTHING to get it. Time to put the ideals of Michelle Obama on hold for a while and play SMASH ball with as much force as you can muster. Leaving SCOTUS as is, losing the White House and Congress is not an option. The MINORITY will rule the majority with an iron fist. Good luck retaining a Nation of Laws at that juncture. ACT NOW!!
Thanks for reading. Please pass this on so we can move in a positive direction.
Citizen Black
trblackeye@gmail.com
Andrew Jackson held the view that his opinion was just as good, Constitutionally, as the Supreme Court.
And of course we remember that when advised that the Pope would not like something asked about how many divisions His Holiness had.
Adherence to court decisions has always been only implicit.
Heh. Stalin, not Andy Jackson.
Not much for upholding the Constitution, separation of powers or judicial independence, are you Mr. Black??
I don’t think an executive order temporarily cancelling an article 3 court until further notice would survive judicial review. I think you would need a constitutional amendment for that. Good night now.
… what judicial review?
Seriously, there’s one legal way to do this, called “jurisdiction stripping,” but we don’t (and likely never will) have the votes. Although it might be possible to pass a law saying that Justices who accept the equivalent of bribes, as determined by Congress, cannot vote on any cases before the Court.
The problem, though, that anything we can do constructively MAGA can turn around and do destructively, citing the constructive use as a precedent.
Executive orders are subject to judicial review. You can’t circumvent the Constitution by executive order. That judicial review.
Congress (likely a MAGA Congress) could pass a law stripping the Justices of the jurisdiction to review the constitutionality of Executive Orders. And the Court can’t do anything without jurisdiction.
Tell me where in the Constitution this is prohibited. (Hint: it ain’t, which is a problem as well as sometimes a solution.)