It’s becoming more apparent by the day that the Biden family doesn’t let a little inconvenience like “legality” stop them from raking in money from corruption schemes. So why would President Joe Biden let SCOTUS decisions stop him from playing out the agenda he holds so near and dear to his heart?
Several law professors are urging Biden to blatantly ignore recent Supreme Court decisions that they, in their infinite wisdom as university teachers, think are “constitutional misinterpretations.”
Mark Tushnet, a Harvard law professor, and Aaron Belkin, a political scientist from San Francisco State University, jointly penned a letter to Biden, asking him to “restrain MAGA justices” and use his own “constitutional interpretations” to overrule the SCOTUS and do as he pleases.
Congress has yet to “expand the court” and pack it with leftist judges, leaving the court in the unhinged hands of constitutional justices. Obviously, for rabid leftists, this will never do.
Per the letter, “We have worked diligently over the past five years to advocate Supreme Court expansion as a necessary strategy for restoring democracy. Although we continue to support expansion, the threat that MAGA justices pose is so extreme that reforms that do not require Congressional approval are needed at this time, and advocates and experts should encourage President Biden to take immediate action to limit the damage.”
Even though the left’s perception is that law should be politicized and decisions made to benefit the party in power, SCOTUS’s decisions are based on the Constitution, which remains the original law of the land. Justice Brett Kavanaugh has thwarted Democrats in the past by appearing to lean to the left in his decisions, but overall, court rulings have been unanimous for more than 50% of cases, invalidating the claim that SCOTUS is partisan.
Despite the proposed mutiny of the progressive judges, Biden does not have the power to circumvent SCOTUS on his own, although the accepted procedure has never stood in his way before. Biden is limited in his power and can be blocked by, ironically, the Supreme Court.
The founding fathers created the Constitution, clearly outlining three branches of government: the legislative branch, Congress, the executive branch, the president and his cabinet, and the judicial branch, SCOTUS. It is a system designed to ensure no one branch gains too much power.
The president cannot decide how to spend federal monies, declare war, interpret laws, or create new laws. The president, despite what the self-styled Tushnet and Belkin mistakenly believe, cannot overturn a SCOTUS decision.
But Congress can.
The Democrat-controlled Congress can attempt to overrule SCOTUS, but with such a slim majority, it currently will be unable to do so unless 2/3 of its members vote to overturn a ruling. In addition, 2/3 of states must agree to overturn the ruling.
If Congress makes it that far, the next step is to create a new amendment. The proposed amendment then must be ratified by 3/4 of state legislatures. Then, it’s back to SCOTUS so the Chief Justice can appoint an Associate Justice to write the majority opinion.
SCOTUS can also vote to overturn its own decisions. This is what happened recently with In Dobbs v. Jackson Women’s Health Organization, which flipped the long-standing Roe v. Wade upside down.
If Biden attempts to follow the sage advice given by two liberal college professors, he faces dire consequences politically and personally. Personally, he could face charges such as obstructing justice or committing a crime against a statute. Professionally, he could be impeached and removed from office for violating his oath of office and his promise to “uphold the Constitution.”
But it’s not quite that simple. SCOTUS interprets the law but has no power to enforce it. Biden could whip out his magic pen and carry on his agenda via Executive Order. Once he does, however, the order will be challenged in court, and SCOTUS can make a ruling that the executive order is unconstitutional.
President Franklin D. Roosevelt thwarted a SCOTUS decision that undermined his National Industrial Recovery Act, part of his pet project, the New Deal. Ignoring the ruling, Roosevelt implemented the law. Congress eventually repealed the act, and the Court’s decision was confirmed.
It’s a complex game and one that the president ultimately can’t win unless he holds a large majority in Congress. The university professors are out of their depth, and they are proposing a sitting president defy the Constitution simply because they don’t like a SCOTUS ruling.
That’s a form of government called a dictatorship, and while Democrats long for unchecked, unlimited power, the United States hasn’t embraced tyranny.
Yet.
