Washington Examiner

Liberal professors urge Biden to bypass Supreme Court decisions.

University Professors Urge President Biden to Rebel Against Supreme Court Rulings

University professors are taking a stand against recent Supreme Court rulings that they believe are ‌”gravely mistaken” constitutional interpretations. Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron ‌Belkin have written a⁤ letter to President Joe Biden, urging him to “restrain MAGA justices” and ensure that his administration will be guided by its own constitutional interpretations, regardless of the⁣ outcomes of these rulings.

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“We have diligently advocated for Supreme Court expansion as a necessary strategy for restoring democracy over the past five years,” Tushnet and‌ Belkin expressed via Fox News. “While we continue to support expansion, the threat​ posed by MAGA justices is so extreme that ​immediate action is needed to limit the damage, even without Congressional approval.⁣ Advocates ‌and experts should encourage President Biden to take decisive action.”

Conservative ⁢judges, including Justice Brett Kavanaugh, have pushed‍ back against the notion that the court is driven solely by a conservative supermajority. They argue that many decisions are unanimous or have various lineups, not​ strictly along ideological lines.

During the 2022-2023 ⁤term, more than 50% of‍ the cases decided were​ unanimous, with only five cases resulting in split decisions along ideological lines.⁣ Kavanaugh and Chief Justice John Roberts joined the three liberal justices ‍in favor of black voters who claimed racial gerrymandering in ​district maps.

Tushnet and Belkin also assert ‍that “MAGA justices” pose a “grave threat” to the Constitution, a sentiment shared by ⁣Democrats following several high-profile rulings.

President Biden himself criticized the Supreme Court as “not a normal court” after experiencing setbacks in various policy areas, such as federally protected abortion, religious expression, and his student loan relief program.

Democrats are currently working on a binding ethics code bill for the Supreme Court, prompted by reports of justices failing to disclose financial donations or gifts. Left-leaning lawmakers argue that this allows ⁣GOP donors to influence court rulings, while​ Republicans claim it is an​ attempt by Democrats to discredit‌ the court.

Legal expert Jonathan Turley, who warned about this interpretation of the Constitution⁤ in an opinion piece for the Hill, argues that the professors’ proposal goes against the majority of the public. Polling on debt forgiveness and affirmative action rulings shows​ that⁣ 65% of likely voters agree with the court’s ‌decision to end race-based admission policies in universities.

“In other words, they are calling for Biden to declare himself the final arbiter of what the Constitution means and to exercise​ unilateral executive ⁣power without congressional approval,” Turley wrote. “He is to become a government unto himself.”

The ​president is seeking to circumvent the court’s ruling on his broad student⁤ loan⁣ forgiveness plan by adjusting the income-driven repayment plan approved‍ by Congress in the 1990s. This move aims to discharge $39 billion in student loan debt⁢ over the coming weeks.

While Republicans argue that⁣ this new plan is unconstitutional, legal experts suggest that it appears to be on solid footing.

Click here to read more from The Washington Examiner.



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