SCOTUS on trial

No other democratic nation on earth has its highest court Justices appointed for life. In all other countries there are mandatory term limits and/or mandatory retirement age for high court Justices (like U.S. corporations where CEO’s retire at 65). The nation’s “marriage” to confirmed justices “‘til death us do part” is non- comprehensible to other nations, and resented by many Americans.

There is no national election for Supreme Court Justice, rather a Presidential appointment which requires Senate confirmation — no confirmation — no ascension — ask Bork. The Senate confirmation is a republic validation for a Justice — the process certainly isn’t democratic. California with a population of 40 million has two Senators — 1 per 20 million citizens. Eight states have populations of less than 1.1 million – 6 of these states have 1 of their 2 Senators representing abbut 250,000 citizens. Like the Electoral College, voters in all 50 states are not equally represented. Half of U.S. states, 25 states, have less than 5 million citizens — one eighth the number of voters living in California, one quarter the voters living in New York, one third the number living in Pennsylvania.

Up to 1991, when Clarence Thomas was confirmed by a Senate vote of 52-48, appointed Justices received over 90 confirmation votes: O’Connor in 1986 was a 99-0 confirmation (followed by Alito 58-42), Ginsburg 96-3 (Barrett 52-48), Scalia 98-0 (Gorsuch 54-45), Stevens 98-0 (Kagan 68-37), Kennedy 97-0 (Kavanaugh 50-48). Many Justices privileged by “‘til death do us part” terms, have recently received less than 60% of the nation’s Senate confirmation, some questionably confirmed by a national majority.

Let’s review Thomas’ confirmation vote in 1991 — 52-48. When one researches who, which Senators voted for Thomas’s confirmation to a lifetime appointment, one finds that though Thomas squeezed through on 52 Senator confirmation votes, when one researches what actual Senators with what state population voted for Thomas, he was shy of 50% of the national vote. The majority of American voices were lost in the unequal distribution of Senators to actual voters. So what about Alito, Kavanaugh, Barrett, Gorsuch, Jackson — which states with what populations confirmed their life-time appointment to the highest court in the land?

Early in 2024, SCOTUS will not only host trials of high interest, high impact related to Trump, his 91 indictments and his eligibility to be on a state ballot but the Court, the Justices themselves will be on trial — intensely scrutinized for their deliberations and decisions, their process and their substance. With continued investigatory adeptness, individual Justices will be scoured — already much grist for dissatisfaction with a trio of the Justices. The Court itself is at question, is it fit to be at the constitutionally prescribed pentacle of the American judicial system?

With the highest disapproval rating ever for a Supreme Court, continuous headlines boldly unmask individual ethical and legal misbehavior — a bundle of fiscal follies/corruption. Some justices petulantly dismiss the American public’s preferences and opinions as well as exhibit distain for the core SCOTUS precept of stare decisis “to stand by things decided.” At their very public confirmations at least three of the recent appointees swore allegiance to stare decisis then within months overturned Roe vs. Wade.

Not elected, appointed for life, some SCOTUS Justices are brazenly draped not in black gowned prudent judgment but sharp-tongued arrogance, personally having histories, decades, of misconduct, fiscal advantages parlayed by persons seeking Court favor. Alito with vim and venom toward the Congress falsely states: “No provision in the Constitution gives them the authority to regulate the Supreme Court — period.” Really? What about confirmations, removals/impeachment, the number of Justices, terms of office, procedures such as motion dockets (i.e., shadow dockets judicial actions taken without any reported documentation)?

Regardless of sizzling rhetoric, the Supreme Court and its Justices collectively and individually are bound by law and order. It is past time to, in particular, reassess and revise not only codified ethical conduct but terms with limits — this isn’t a marriage — it is a prominent position that ought have designated terms like the President, the Senate, the House.

Kathy Herald-Marlowe lives in Sharon.

The views expressed here are not necessarily those of The Millerton News and The News does not support or oppose candidates for public office.

Latest News

Remembering George and Anne Phillips’ Edgewood restaurant in Amenia

The Edgewood Restaurant, a beloved Amenia roadside restaurant run by George and Anne Phillips, pictured during its peak years in the 1950s and ’60s.

Provided

With the recent death of George Phillips at 100, locals are remembering the Edgewood Restaurant, the Amenia supper club he and his wife, Anne Phillips, owned and operated together for more than two decades.

At the Edgewood, there were Delmonico steaks George carved in the basement, lobster tails from an infrared cooker, local trout from the stream outside the door, and a folded paper cup of butter, with heaping bowls of family-style potatoes and vegetables, plus a shot glass of crème de menthe to calm the stomach when the modest check arrived after dessert.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Artist Alissa DeGregorio brings her work to Roxbury and New Milford

Alissa DeGregorio, a New Milford -based artist and designer, has pieces on display at Mine Hill Distillery.

Agnes Fohn
When I’m designing a book, I’m also the bridge between artist and author, the final step that pulls everything together.
— Alissa DeGregorio

A visit to Alissa DeGregorio Art, the website of the artist and designer, reveals the multiple talents she possesses.

Tabs for design, commissions, print club, and classes still reveal only part of her work.On the design page are examples of graphic and book design, including book covers illustrated by DeGregorio, along with samples of licensed products such as coloring pages and lunch boxes, and examples of prop design she has done for film.

Keep ReadingShow less

Agnes Martin at Dia:Beacon

Agnes Martin at Dia:Beacon

Minimalist works by Agnes Martin on display at Dia:Beacon.

D.H. Callahan

At Dia:Beacon, simplicity commands attention.

On Saturday, April 4, the venerated modern art museum — located at 3 Beekman St. in Beacon, NY — opened an exhibition of works by the middle- to late-20th-century minimalist artist Agnes Martin.

Keep ReadingShow less
Falls Village exhibit honors life and work of Priscilla Belcher

Hunt Library in Falls Village will present a commemorative show of paintings and etchings by the late Priscilla Belcher of Falls Village.

Lydia Downs

Priscilla Belcher, a Canaan resident who was known for her community involvement and willingness to speak out, will be featured in a posthumous exhibition at the ArtWall at the Hunt Library from April 25 through May 15.

An opening reception will be held from 5 to 7 p.m. on April 25. The show will commemorate her life and work and will include watercolors and etchings. Belcher died in November 2025 at the age of 95.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.