U.S. Supreme Court
By Elliott Brack
Editor and Publisher, GwinnettForum
JUNE 21, 2024 | In ideal times, the most respected institution of government of the United States ought to be the U.S. Supreme Court. This august body is supposed to be a watchdog of what is going on in the country. It is to arbitrate matters, and keep our country on an even keel in respect to law and order. The nine justices are the final arbiter on many matters, unless their findings are overturned by the Congress, or by the people through an amendment to the Constitution. The court should be the most respected body in our governmental system.
But man oh man! Has the stature of the Supreme Court fallen to an all-time low! On top of it all, court members are bringing it on themselves, and taking no action. Going back to when President Franklin Roosevelt tried to pack the court to get some of his Depression legislation through a conservative court, the body faced controversy. Yet it overcame this and continued to be a well-respected third body of government.
Later on, the Court was sullied by different presidents nominating people to the court to which the Senate either passed by a close vote, or did not allow the nomination to proceed.
President Ronald Reagan nominated Judge Robert Bork, a prominent conservative judge, to fill a Supreme Court vacancy in 1987. Bork gained notoriety in 1973 when President Richard Nixon directed him to fire the special prosecutor in the Watergate scandal. On October 23, 1987, the Senate rejected Bork’s nomination by a vote of 42–58. Altogether, two Democrats and 40 Republicans voted in favor of confirmation, whereas 52 Democrats and six Republicans voted against.
In the Thomas case, on October 15, 1991, President George H.W. Bush nominated Clarence Thomas to the bench. However, attorney Anita Hill had testified that Supreme Court nominee Thomas had sexually harassed her when he was chair of the Equal Employment Opportunity Commission and she worked there as an adviser to him. But he was confirmed to the Supreme Court by a narrow Senate majority of 52 to 48 taking office on October 23, 1991.
President George W. Bush in 2005 also nominated Judge Samuel Alito to the court. The Senate confirmed Judge Alito by a vote of 58-42 and was sworn in on January 31, 2006.
That’s the background. Recently there have been numerous instances that Justice Thomas accepted millions of dollars from a wealthy Texas donor, and never listed this on his financial returns. Seems every month, new allegations come out.
Roberts
And now Justice Alito’s conduct is becoming questioned in that he is showing his conservative views by, among other things, flying a U.S. flag upside down. And the worst part is that the justice seems to be taking the low road by saying it’s his wife, not him! What else is happening that we don’t know?
Remember that Sen. Mitch McConnell blocked President Barack Obama’s nomination of U.S. Circuit Court Judge Merrick Garland to the court, by not holding hearings until Obama was out of office? Is this another case of sullying of our system!
We had hoped that Chief Justice John Roberts would be able to control the actions of his members better. He should, at best, take leadership and propose high ethical standards for the justices. Meanwhile, he languishes in doing nothing, and the reputation of his court is continually suffering.
Our nation’s highest court should lead the way in ethical standards. Take hold, Justice Roberts, and show us the way.
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