Democrats are looking for ways to respond to the Supreme Court’s ruling on presidential immunity, including by trying to expand the number of seats on the bench, The Washington Post reported.
The Supreme Court ruled Monday on former President Donald Trump’s immunity appeal, finding that presidents are immune from criminal prosecutions for “official acts” taken within office. Democratic Rep. Joseph Morelle of New York is expected to soon propose a constitutional amendment that would state presidents do not have full immunity, while Democratic Sens. Edward J. Markey and Elizabeth Warren of Massachusetts and Tina Smith of Minnesota are pushing for legislation to expand the number of justices to 13, according to the Post.
New York Rep. Alexandria Ocasio-Cortez announced on Monday that she intends to file articles of impeachment against Supreme Court justices, claiming that the ruling “represents an assault on American democracy.”
“The Supreme Court has become consumed by a corruption crisis beyond its control,” she wrote on X.
The Supreme Court has become consumed by a corruption crisis beyond its control.
Today’s ruling represents an assault on American democracy. It is up to Congress to defend our nation from this authoritarian capture.
I intend on filing articles of impeachment upon our return.
— Alexandria Ocasio-Cortez (@AOC) July 1, 2024
Markey, Warren, and Smith re-introduced the Judiciary Act of 2023 to expand the court in March of that year. The lawmakers argued that adding additional seats is necessary to counter low American trust in the court and Republican lawmakers who “have already employed their far-right judicial playbook by disregarding norms and precedent in the confirmations process,” according to Markey’s press release at the time.
Democrats have previously pushed for the number of seats on the Supreme Court to be increased, but have not succeeded.
“This Supreme Court is undermining the foundations of our democracy,” Warren wrote on X on Tuesday. “Congress must restore balance by adding more justices to the Court.”
This Supreme Court is undermining the foundations of our democracy. Congress must restore balance by adding more justices to the Court.
— Elizabeth Warren (@ewarren) July 2, 2024
Democrats are also considering applying term limits to Supreme Court justices, according to the Post. Similar efforts have failed to advance, and Article III of the Constitution implies that judges are appointed for life.
“Today is a dark day for American Democracy,” Congressman Dan Goldman of New York wrote in a press release following the Monday decision. “[T]his ruling is perhaps the final nail in the coffin of this rogue Supreme Court’s claim to institutional legitimacy.”
Goldman introduced the “Supreme Court Ethics and Investigations Act” in June, which would establish an “investigative body” in the Supreme Court that would “provide transparency and accountability through exhaustive investigations into alleged ethical improprieties,” as well as an ethics counsel.
“If Speaker of the House Mike Johnson does not bring up my ‘Supreme Court Ethics and Investigations Act’ to establish an independent ethics counsel and investigative body within the Supreme Court, then he too will be abdicating his responsibility to the constitution and the American people,” Goldman wrote on Monday.
The offices for Morelle, Markey, Warren, Smith, Ocasio-Cortez, and Goldman did not immediately respond to the Daily Caller News Foundation’s request for comment.
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