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judiciary act
Majority Backs Expanded SCOTUS Amid 'Extreme Decisions and Flagrant Ethical Abuses': Poll
"Partisan rulings have weakened our democracy and set our rights back by decades," said one expansion advocate.
Oct 05, 2023
As the Supreme Court's new term begins amid multiple ethics scandals and widespread public alarm over what many Americans consider extreme decisions by the tribunal's right-wing supermajority, a Marquette University Law School survey published this week revealed that a majority of U.S. adults support expanding the number of justices on the high court.
The poll found that 54% of Americans support increasing the number of justices on the Supreme Court, while only 46% oppose it. That's the highest level of support—and the lowest level of opposition—Marquette has recorded since it started asking about the issue in 2019.
The poll also noted that "recent news concerning the justices' financial disclosures and related matters have raised attention to the ethical standards of the court," although only 29% of respondents said they perceived the high court's honesty and ethical standards to be "low" or "very low," while 30% said they were "high" or "very high."
The survey's publication came as Justice Clarence Thomas—who, along with Justice Samuel Alito, took gifts from wealthy Republican donors— refused to recuse himself from a case that could benefit one of his billionaire benefactors, even as he took the rare move of stepping aside as the court rejected an appeal from an architect of the plot to subvert the 2020 U.S. presidential election.
"Partisan rulings have weakened our democracy and set our rights back by decades. In the face of these extreme decisions and flagrant ethical abuses, Americans' faith in the court has plunged to record lows," Just Majority—a coalition of over 40 advocacy groups supporting expansion that includes Demand Justice, Planned Parenthood, Stand Up America, and Color Of Change—told Common Dreams.
The Marquette poll follows a Morning Consult/Politico survey of registered voters released late last month in which 44% of respondents said they either "strongly" or "somewhat" support Supreme Court expansion, compared with 35% who "strongly" or "somewhat" oppose the proposal.
A Gallup poll published on September 29 also found that 58% of Americans disapprove of the Supreme Court's performance, compared with just 41% who approve.
Last year, progressive advocacy groups launched the "Four More" campaign, which seeks to expand the Supreme Court from nine to 13 justices. Earlier this year, Democratic U.S. lawmakers reintroduced the Judiciary Act, which would add four justices to the high court.
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Progressives Vow Higher Ed, Court Reforms After 'Devastating' Affirmative Action Ruling
Rep. Jamaal Bowman said this means "promoting equitable access to higher education for our Black and Brown students" via policies including ending legacy admissions and expanding the Supreme Court by passing the Judiciary Act.
Jun 29, 2023
In the wake of Thursday's annihilation of affirmative action by the Supreme Court's right-wing supermajority in a pair of highly anticipated rulings, progressive U.S. lawmakers and other advocates committed to "fighting back" by reforming higher education—and the judiciary itself.
Responding to the high court's 6-3 ruling in Students for Fair Admissions v. University of North Carolina (UNC) and 6-2 decision in Students for Fair Admissions v. President and Fellows of Harvard College—from which Justice Ketanji Brown Jackson recused herself—Rep. Jamaal Bowman (D-N.Y.) said that "the Supreme Court has yet again taken us back in time by barring institutions of higher education from using race-conscious admissions policies."
"These policies are critical to ensuring that our Black and Brown students, who have already experienced redlining and systemic underinvestment in their schools and communities, have an equitable shot at higher education to pursue their dreams," Bowman, a doctor of education, explained in a Twitter thread.
"Affirmative action is essential to racial and economic justice in education," Bowman continued. "We must commit to fighting back against this devastating decision and to promoting equitable access to higher education for our Black and Brown students."
"This means canceling student debt, ensuring everyone has access to free public college, and passing my Fair College Admissions for Students Act, which would end the legacy and donor-based admissions practices that favor the white and wealthy," he added.
In her scathing dissent in the North Carolina case, Jackson excoriated the majority for ruling "with let-them-eat-cake obliviousness" and imposing "'colorblindness for all' by legal fiat," a sentiment echoed in comments by Rep. Alexandria Ocasio-Cortez (D-N.Y.).
"If SCOTUS was serious about their ludicrous 'colorblindness' claims, they would have abolished legacy admissions, aka affirmative action for the privileged."
"If SCOTUS was serious about their ludicrous 'colorblindness' claims, they would have abolished legacy admissions, aka affirmative action for the privileged," she tweeted, noting that "70% of Harvard's legacy applicants are white."
"SCOTUS didn't touch that—which would have impacted them and their patrons," Ocasio-Cortez added.
Rep. Summer Lee went further, arguing the rulings were "designed to keep a generation of brilliant Black young people out of higher education and positions of power."
"The cruelty is the point," she added.
Helen Torres, CEO of the advocacy group Hispanos Organized for Political Equality (HOPE), issued a "call to action to all higher education institutions and policymakers to employ policies that ensure equal opportunity in higher education."
This, Torres said, includes "the elimination of standardized tests in admissions, ending legacy preferences, improving need-based financial aid, and strengthening transfer pathways."
Torres vowed to "remain steadfast in the pursuit of ensuring equal opportunity to a college education, regardless of a U.S. Supreme Court ruling to end the use of race-conscious admissions, knowing that addressing racial disparities remains both lawful and imperative to our nation."
In addition to educational reforms, many progressives also renewed calls to expand the Supreme Court from nine to 13 justices under the Judiciary Act, which House and Senate Democrats reintroduced last month.
"It's been nearly 50 years since Brown v. Board of Education made clear that education 'is a right which must be made available to all on equal terms.' Yet, today, the Supreme Court made it more difficult for students of color to achieve their educational dreams," Sen. Ed Markey (D-Mass.), the Judiciary Act's lead author, said in a Thursday afternoon press conference following the high court's decisions.
"The Supreme Court majority may think they are blind to race, but what they are truly blind to is inequality, blind to injustice, blind to progress," Markey argued.
"Equal opportunity for all is a bedrock, universal value in our country. We cannot allow this captured Supreme Court majority to turn back the clock on progress," he said.
"Congress must act," Markey added. "We must make sure we continue to hold the doors of opportunity open to all. We must give people the just and equal opportunity to achieve their educational dreams. We must expand the Supreme Court and return legitimacy and balance back to the same institution that rightly ruled that education—and justice—should be made available to all on equal terms."
Rep. Barbara Lee (D-Calif.), a candidate for U.S. Senate, also called for court reform.
The political action group Indivisible said Thursday's Supreme Court decisions "will undoubtedly make it even more difficult for students of color applying to colleges and universities to be accepted."
"Today's decision is yet another example of a rogue court's commitment to undermining and overruling its own civil rights precedents," the group continued. "Without any meaningful intervention, the radical right-wing majority will only continue to manipulate the rule of law to manufacture outcomes that make us a less inclusive and diverse society."
"It is well past time for Congress to acknowledge that this is a captured court and move swiftly to support and pass the Judiciary Act of 2023, and add four seats to the bench," Indivisible added.
"It is well past time for Congress to acknowledge that this is a captured court and move swiftly to support and pass the Judiciary Act of 2023."
The Working Families Party (WFP) asserted that "this ruling upholds white supremacy. It's an attack on racial justice."
"Someone needs to tell the court what equity is. Someone needs to tell the court that the myth of 'color blindness' or being 'race-neutral' means prioritizing whiteness and privilege," the progressive party continued.
"Everyone is not on equal footing in America, period," WFP added. "Pretending that we are means ensuring that communities of color are left behind and not given the same opportunities to thrive."
Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) tweeted, "First, abortion rights, now affirmative action—this extreme SCOTUS continues to prove they are WAY out of touch with everyday Americans."
"It's time to restore balance to the bench," Jayapal added. "Expand SCOTUS now."
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As Right-Wing Judiciary Thrashes Democracy, Dems Reintroduce Bill to Expand US Supreme Court
"Our freedom to make decisions about our lives, bodies, and futures is at stake," said the head of Planned Parenthood, which supports the legislation. "Everything is on the line: abortion rights, voting rights, LGBTQ+ rights, our democratic institutions, and our bodily autonomy."
May 16, 2023
Citing a "crisis of legitimacy" they say is plaguing the U.S. Supreme Court, a group of congressional Democrats on Tuesday reintroduced legislation aimed at thwarting Republican attacks on democracy by expanding the nation's top court from nine to 13 justices.
Sens. Ed Markey (D-Mass.), Tina Smith (D-Minn.), and Elizabeth Warren (D-Mass.), and Reps. Jerrold Nadler (D-N.Y.), Hank Johnson (D-Ga.), Cori Bush (D-Mo.), and Adam Schiff (D-Calif.) reintroduced the Judiciary Act outside the Supreme Court in Washington, D.C., where they held a press conference.
"The nation's highest court today faces a crisis of legitimacy that began when Senate Republicans first abandoned norms and precedent to block the confirmation of then-President [Barack] Obama's Supreme Court nominee, Merrick Garland, only to later ram through the confirmation of Amy Coney Barrett a mere 10 days before Election Day 2020, and while millions of Americans were already casting ballots," the lawmakers said in a statement.
\u201cWe're live in front of the Supreme Court to reintroduce the Judiciary Act, our court expansion bill. It's past time to restore the American people\u2019s faith in our nation\u2019s highest court. https://t.co/rcse2pRgi2\u201d— Ed Markey (@Ed Markey) 1684253054
"The stolen, far-right Supreme Court majority has since ruled to destroy 50 years of settled precedent by rolling back the fundamental right to abortion care in Dobbs v. Jackson Women's Health Organization and has become the subject of scandal, including new and resurfaced reports of Justice Clarence Thomas' failure to disclose gifts provided to him by billionaire Republican donor Harlan Crow and his spouse's more than $680,000 in unreported income from the conservative think tank, the Heritage Foundation," the statement noted.
Markey contended that "Republicans have hijacked the confirmation process and stolen the Supreme Court majority—all to appeal to far-right judicial activists who for years have wanted to wield the gavel to roll back fundamental rights."
"Each scandal uncovered, each norm broken, each precedent-shattering ruling delivered is a reminder that we must restore justice and balance to the rogue, radical Supreme Court," he argued. "It is time we expand the court."
Johnson said that "it's easy to take for granted that the number of justices on the Supreme Court must be nine. But it is not written in the Constitution and has changed seven times over the course of our nation's history."
\u201cWe can no longer rely on the Supreme Court to protect our constitutional rights. The Judiciary Act's provision to expand the number of seats on the Court is necessary to ensure an independent and impartial judiciary.\u201d— FFRF (@FFRF) 1684263917
"Thirteen justices would mean one justice per circuit court of appeals, consistent with how the number of justices was originally determined, so each justice can oversee one circuit," Johnson added.
Bush asserted that "the Supreme Court is a cesspool of corruption devastating our communities. Because of the decisions made by an unethical and illegitimate majority, my constituents are unable to access abortion care, have weaker labor protections, are more vulnerable to voter suppression, and are subjected to a racist legal system."
"As lawmakers, we have a mandate to ensure our rights are not stripped away by bought-and-paid-for judges trying to implement a fascist agenda," she added. "I'm proud to lead on the reintroduction of the Judiciary Act, which would expand the court and help us reclaim our democracy once and for all."
\u201cWe can\u2019t protect reproductive rights, LGBTQ+ equality, take action on climate, or end the pay-to-play that has broken DC with a rigged Supreme Court.\n\nWe must protect Democracy by passing the Judiciary Act to #ExpandTheCourt\u201d— Melanie D'Arrigo (@Melanie D'Arrigo) 1684254503
The bill's sponsors were joined at Tuesday's press conference by leaders of advocacy groups backing the bill, including Planned Parenthood Federation of America, NARAL Pro-Choice America, League of Conservation Voters, Demand Justice, and Stand Up America.
"The Supreme Court is facing a legitimacy crisis. In recent years, right-wing justices on the court have disregarded long-standing precedent and undermined Americans' fundamental freedoms," Sean Eldridge, founder and president of the advocacy group Stand Up America, said in a statement. "Now, reported ethics violations by conservative justices have raised serious questions about the Supreme Court's ability to impartially administer justice. It's no wonder 6 in 10 Americans say they don't have confidence in the Supreme Court."
"The American people need bold action to protect our freedoms and the legitimacy of the Supreme Court," he continued. "Sen. Markey and Rep. Johnson have heeded the call by reintroducing the Judiciary Act. This urgently needed legislation would rebalance the court to protect our fundamental freedoms and uphold long-standing precedents."
\u201cEnough is enough.\n\nIt\u2019s time for leaders in Congress to restore balance to SCOTUS and its 6-3 partisan supermajority. We urge all Congressional Dems to cosponsor this legislation to show that they're fighting back and working towards restoring our faith in the judiciary\u201d— Indivisible Guide (@Indivisible Guide) 1684255881
Planned Parenthood Federation of America president and CEO Alexis McGill Johnson warned that "our freedom to make decisions about our lives, bodies, and futures is at stake. Everything is on the line: abortion rights, voting rights, LGBTQ+ rights, our democratic institutions, and our bodily autonomy."
"Our courts should function as the backstop to protecting and advancing our rights, but have, instead, been misused by people pushing deeply unpopular agendas to implement their dangerous endgame," McGill Johnson said. "Planned Parenthood Federation of America is proud to endorse this legislation and we are committed to standing shoulder to shoulder with our partners to achieve bold changes to our courts, and fight for real justice for all people."
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