Professors urge Biden to bypass ‘mistaken’ Supreme Court rulings.
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 influenced by the far Right. 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 rulings’ outcomes.
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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 wrote 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 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.
Biden himself criticized the Supreme Court as “not a normal court” after experiencing setbacks in various policy areas, such as abortion rights, religious expression, and student loan relief.
Democrats are now 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.
Republicans argue that this new plan is unconstitutional, while legal experts believe it is on solid footing.
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