Article III of the Constitution, which defines the roles and powers of the court system, says:
“The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…”
Congresswoman 🔸Alexandria Ocasio-Cortez 🔸is taking the Framers at their word;
this week, she introduced
♦️articles of impeachment against both Clarence #Thomas and Samuel #Alito.♦️
While the Republicans on this Court have engaged in a decades-long steady torrent of corruption
—from Chief Justice John #Roberts’s wife making over $10 million hustling lawyers into law firms that practice before the Court,
to Clarence #Thomas’s million-dollar vacations and mother’s rent-free life,
Samuel #Alito’s paid speeches and luxury vacations with billionaires,
Neil #Gorsuch’s and Amy Coney #Barrett’s fealty to the fossil fuel industry that his mother and her father served,
and finally to Brett #Kavanaugh’s alleged gambling debts
—Congress has so far🔹overlooked its obligation to, as Article III, Section 2 says, “regulate” the Supreme Court.🔹
#AOC’s impeachment resolution calls out the two most egregious examples, Thomas and Alito, for failing to ♦️disclose gifts♦️ from billionaires with issues before the Court.
She also nails them both for refusing to ♦️recuse themselves from cases where they have obvious conflicts♦️, like Thomas’s wife participating in January 6 and Alito’s flag-waving support of the effort to end our democracy.
Most recently, we’ve just discovered that billionaire-with-interests-before-the-Court Harlan #Crow even 💥paid for the Thomases to take a luxury, all-expenses-paid trip to Putin’s hometown.💥
👉Any other federal judge in America would have been taken off the bench had he or she behaved the way these two have.👈
Right-wing media is laughing at Ocasio-Cortez, pointing out that since Republicans control both the House Judiciary Committee and the entire House itself, her impeachment resolution won’t even make it out of committee.
They shouldn’t be so sure of themselves.
First, there’s a very real possibility
—in part because of this court’s extremist rulings, particularly overturning Roe v. Wade
—that the House will fall to Democratic hands next January and her effort could have a new, albeit uphill, life.
But second, and more important, it’s possible that her highlighting the corruption of at least two Republicans on the court may cause some of the others
—particularly Roberts, Barrett, and Kavanaugh
—to become more moderate in their rulings going forward.
The last time the Supreme Court experienced such a crisis of confidence with the American people was in the 1935-1937 era, and the way it resolved is fascinating.
Back then, four of the justices, Pierce Butler, James Clark McReynolds, George Sutherland, and Willis Van Devanter, were collectively known as the Four Horsemen.
They were invariably joined by one of the other justices
—most frequently Owen Roberts
—to strike down President Franklin D. Roosevelt’s popular New Deal legislation that attempted to address unemployment and poverty.
The Four Horseman claimed to be originalists or
“strict constructionists” who somehow could read the Founders’ intent from the Constitution, disregarding the historical reality that the founders were not even remotely of a single mind.
For 40 years during the preceding Lochner era, the court had struck down dozens of state laws protecting workers,
including women and children.
During the period between 1897 and 1929, the court was ruling largely with the booming industrialist economy, and its conservative members saw the labor movement as disruptive rather than positive.
However, with the onset of the Republican Great Depression, these industrialists lost popular support
—but the Supreme Court had not caught up with popular opinion.
In 1935, the court ruled that both the Agricultural Adjustment Act and the National Industrial Recovery Act were unconstitutional.
The rulings gutted a large piece of Roosevelt’s New Deal legislation.
Shortly before Roosevelt was reelected in 1936, the court went even farther and struck down a New York State law that established a minimum wage for women and children in Morehead v. New York ex rel. Tipaldo.
The pendulum of popular opinion swung against the court almost overnight.
In 1937, the National Labor Relations Act and the Social Security Act were on their way to the Court.
Considering how the Four Horsemen had ruled during FDR’s first term, Roosevelt knew that he needed to do something or risk losing both pieces of legislation along with the collapse of his entire New Deal agenda.
With the New Deal on the line, Roosevelt
—much like AOC today
—went on the attack.
On February 5, 1937, just months after his landslide reelection, he announced his plan:
he asked Congress for the authority to appoint one new justice for each justice then on the bench over 70 years old.
https://newrepublic.com/article/183762/aoc-impeachment-thomas-alito-historical-echoes