{"id":2318953,"date":"2024-08-04T11:31:01","date_gmt":"2024-08-04T15:31:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/constitution-expert-bidens-scotus-changes-not-what-founders-would-want-washington-examiner\/"},"modified":"2024-08-04T11:36:40","modified_gmt":"2024-08-04T15:36:40","slug":"constitution-expert-bidens-scotus-changes-not-what-founders-would-want-washington-examiner","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/constitution-expert-bidens-scotus-changes-not-what-founders-would-want-washington-examiner\/","title":{"rendered":"Constitution expert: Biden\u2019s SCOTUS changes \u2018not what founders would want\u2019 &#8211; Washington Examiner"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">26<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fconstitution-expert-bidens-scotus-changes-not-what-founders-would-want-washington-examiner%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2318953&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The recent discourse surrounding\u200c President Joe Biden&#8217;s proposed reforms for the\u2063 U.S. Supreme Court has <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/analyst-weighs-in-on-daniel-penny-chokehold-case\/\" title=\"Expert analyzes Daniel Penny&#039;s chokehold case.\">garnered significant attention<\/a>\u2064 from legal experts and lawmakers. Biden and Vice \u200dPresident \u200cKamala Harris are advocating changes that include implementing an <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/supreme-court-news-justice-alito-targeted-in-a-string-of-reports-raising-ethical-concerns\/\" title=\"Reports raise ethical concerns about Justice Alito in Supreme Court news.\">enforceable ethics code<\/a> for justices and establishing term limits. Notably, Illinois \u200dSenator Dick Durbin has echoed Biden\u2019s calls for\u200d ethics reforms, particularly in light of controversies \u200bsurrounding \u2063Justice Clarence Thomas.<\/p>\n<p>Durbin has highlighted concerns about \u2062Thomas\u2019s failure to recuse himself from cases involving\u200d the January 6 Capitol riots, given that his spouse was connected \u2062to political efforts to \u200bcontest the 2020 election results.\u200b He emphasizes\u200b that the public is demanding accountability\u200b and reform within the \u2062judiciary.<\/p>\n<p>Conversely, <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/breaking-bombshell-mi-judge-grants-attorney-matt-deperno-permission-to-release-results-of-forensic-examination-on-16-dominion-voting-machines-in-antrim-co-video\/\" title=\"BREAKING BOMBSHELL: MI Judge Grants Attorney Matt DePerno Permission To RELEASE Results Of Forensic Examination On 16 Dominion Voting Machines In Antrim Co.[VIDEO]\">constitutional attorney<\/a> David Shestokas argues that such reforms,\u200d particularly term limits\u2064 for justices, conflict with the founding fathers&#8217; intentions in creating a Supreme Court designed\u200d for independence. He contends that \u200dthe existing mechanisms, such as impeachment, are sufficient to address any \u2063potential\u2062 misconduct by justices.<\/p>\n<p>the discussions reflect a \u200cbroader\u200d debate over the balance of power and ethical standards\u200b within the highest court in the United States, with mixed opinions \u200don\u2062 whether\u200d Biden&#8217;s proposals align with constitutional principles.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-header-search-button-mob dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-mobile-search-icon td-icon-search\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div class=\"tdb-drop-down-search\" aria-labelledby=\"td-header-search-button\">\n<div class=\"tdb-drop-down-search-inner\">\n<form method=\"get\" class=\"tdb-search-form\" action=\"https:\/\/www.washingtonexaminer.com\/\"><\/form>\n<div class=\"tdb-aj-search\"><\/div>\n<\/div>\n<\/div>\n<p><a href=\"http:\/\/www.washingtonexaminer.com\/#\" role=\"button\" aria-label=\"Search\" class=\"tdb-head-search-btn dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-search-icon td-icon-search\"><\/i><\/a><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<h1 class=\"tdb-title-text\">Constitution expert: Biden&rsquo;s SCOTUS changes &lsquo;not what founders would want&rsquo;<\/h1>\n<div><\/div>\n<div class=\"tdb-title-line\"><\/div>\n<\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div id=\"Brid_1722173\" class=\"tpd-featured-video bridtv\"><\/div>\n<p>(The Center Square) &ndash; An Illinois Constitutional attorney and members of Congress react to President Joe Biden&rsquo;s calls for US Supreme court reforms.<\/p>\n<p>Illinois U.S. Sen. Dick Durbin, like Biden, is calling for an enforceable ethics code for the U.S. Supreme Court. In a statement, Durbin said Justice Clarence Thomas&rsquo;s spouse was on the payroll of political organizations seeking to overturn the 2020 election, yet Thomas refused to recuse himself from cases on issues directly related to the riot in Washington D.C. on Jan. 6, 2021.<\/p>\n<p>&ldquo;The American people are demanding Supreme Court ethics reform, and I will continue my twelve-year effort until it is done,&rdquo; stated Durbin, D-Springfield.<\/p>\n<p>David Shestokas, a constitutional attorney, said there&rsquo;s an existing process for Durbin and his colleagues to use if they believe Thomas did something wrong.<\/p>\n<p>&ldquo;The impeachment clause says, &lsquo;if somebody is impeached and then removed from office, then they can be prosecuted,&rsquo;&rdquo; said Shestokas. &ldquo;Senator Durbin can have at it and ask the Illinois delegation, which is dominated by his colleagues, to introduce articles of impeachment against Justice Thomas.&rdquo;<\/p>\n<p>In October 2023, former president Donald Trump moved to dismiss an indictment based on presidential immunity. Durbin said the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/jd-vance-defends-trumps-desire-to-investigate-biden-in-contentious-interview-washington-examiner\/\" title=\"JD Vance defends Trump\u2019s desire to investigate Biden in contentious interview - Washington Examiner\">presidential immunity decision<\/a> was wrongly decided and must be remedied. Shestokas said the decision did not give &ldquo;blanket immunity&rdquo; to a president and explained the founding fathers intended the president to have some immunity so he could do his job.<\/p>\n<p>&ldquo;They gave the president limited immunity; they did not give the presidents blanket immunity. Otherwise, goodness gracious, probably all the living past presidents &hellip; there were drone strikes that [former President Barack Obama] issued, drone strikes that killed American citizens without the due process of law, there&rsquo;s an argument to be made that that was a criminal act and of course he did that using war powers.&rdquo;<\/p>\n<p>Shestokas said the founders wanted what they called an &ldquo;energetic&rdquo; executive who defends the interest of the country. Shestokas said the court had to step in because this was the first time in history he said a justice department has overstepped their prosecution powers.<\/p>\n<p>Biden and Vice President Kamala Harris have been calling for U.S. Supreme Court changes, including setting term limits for justices. Justices hold office as long as they choose and can only be removed from office by impeachment.<\/p>\n<p>Shestokas said term limiting justices goes against the founding fathers&rsquo; vision of the high court.<\/p>\n<p>&ldquo;The reason they serve for life is so that they in fact are not swayed by political considerations. They&rsquo;re not up for reelection. So they don&rsquo;t <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/brian-kolfage-one-florida-school-combated-covid-by-going-back-to-normal-as-a-result-the-children-and-teachers-are-safe-and-happy\/\" title=\"Brian Kolfage: One Florida School Combated COVID By Going Back to Normal \u2013 As a Result the Children and Teachers Are Safe and Happy\">make decisions based<\/a> on politics but rather they make decisions based upon the law,&rdquo; said Shestokas.<\/p>\n<p>Harris said there is a clear crisis of confidence facing the Supreme Court as its fairness has been called into question after numerous ethics scandals and decisions overturning long-standing precedent. Shestokas explained the Dobbs decision overturning the long-standing Roe v. Wade decision on abortion was an interpretation of the 10th Amendment.<\/p>\n<p><strong><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\"><\/a><\/strong><\/p>\n<p>&ldquo;Dobbs doesn&rsquo;t say anything about abortion being good, bad or indifferent. It says that it is something the people should have a say in rather than having it be decided on high by a few folks in black robes in Washington D.C.,&rdquo; said Shestokas. &ldquo;This is something for the people to decide through the democratic process.&rdquo;<\/p>\n<p>Biden has made Supreme Court reforms a priority for his final six months in office. It&rsquo;s unclear if Congress will address the issue before the end of the year.<\/p>\n<p> <script data-cfasync=\"false\" src=\"http:\/\/www.washingtonexaminer.com\/cdn-cgi\/scripts\/5c5dd728\/cloudflare-static\/email-decode.min.js\"><\/script><script>!function(){var g=window;g.googletag=g.googletag||{},g.googletag.cmd=g.googletag.cmd||[],g.googletag.cmd.push(function(){g.googletag.pubads().setTargeting(\"has-featured-video\",\"true\")})}();<\/script><script>var _bp=_bp||[];_bp.push({\"div\":\"Brid_1722173\",\"obj\":{\"id\":\"27789\",\"width\":\"1280\",\"height\":\"720\",\"stickyDirection\":\"below\",\"video\":\"1722173\"}});<\/script><script defer src=\"https:\/\/services.brid.tv\/player\/build\/brid.min.js\"><\/script><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Constitutional expert: Biden&#8217;s proposed changes to the Supreme Court &#8216;not aligned with founders&#8217; intentions&#8217; (The Center Square) \u2013 A constitutional attorney from Illinois and several congressional members have responded to President Joe Biden&#8217;s suggestions for reforming the U.S. Supreme Court. Senator Dick Durbin of Illinois, echoing Biden&#8217;s sentiments, is advocating for a binding ethics code for the Supreme Court. He pointed out that Justice Clarence Thomas did not recuse himself from cases related to the January 6, 2021 riot, despite his spouse being involved with political groups aiming to overturn the 2020 election results. &#8220;The American public is calling for ethics reform in the Supreme Court, and I will persist in my efforts until it is achieved,&#8221; stated Durbin, a Democrat from Springfield. Constitutional attorney David Shestokas noted that there are existing procedures available if Durbin and others believe Thomas acted improperly. &#8220;The impeachment clause states that if someone is impeached and subsequently removed from office, they can then be prosecuted,&#8221; Shestokas explained. He suggested that Senator Durbin could collaborate with his colleagues in Illinois to introduce articles of impeachment against Justice Thomas.<\/p>\n<p>In October 2023, former President Donald Trump sought to dismiss an indictment by claiming presidential immunity; however, Durbin argued this decision was incorrect and needs correction. Shestokas clarified that this ruling does not grant &#8220;blanket immunity&#8221; to presidents but rather limited immunity intended by the founding fathers so they could effectively perform their duties. He emphasized that while presidents have some protection under certain circumstances, it does not shield them entirely from accountability.<\/p>\n<p>Shestokas also mentioned that the founders envisioned a strong executive branch capable of safeguarding national interests and criticized what he sees as unprecedented overreach by a justice department in prosecutorial powers.<\/p>\n<p>Biden and Vice President Kamala Harris have been advocating for reforms within the U.S. Supreme Court, including imposing term limits on justices who currently serve lifetime appointments unless impeached. Shestokas argued against term limits as contrary to what the founding fathers intended; lifetime tenure allows justices to remain impartial without political pressures influencing their decisions.<\/p>\n<p>Harris highlighted a significant crisis of confidence surrounding the Supreme Court due to various ethical controversies and rulings reversing established precedents. In discussing recent decisions like Dobbs v. Jackson Women&#8217;s Health Organization\u2014which overturned Roe v Wade\u2014Shestokas asserted it reflects an interpretation of states\u2019 rights under the 10th Amendment rather than making moral judgments about abortion itself; he believes such matters should be determined through democratic processes rather than dictated by a select few judges.<\/p>\n<p>Biden has prioritized these reforms during his final six months in office; however, it&#8217;s uncertain whether Congress will take action on these issues before year-end<\/p>\n","protected":false},"author":1,"featured_media":2318954,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/08\/AP24191821411641-scaled-1024x682.webp","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[3620,8062,33895,6994],"class_list":["post-2318953","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner","tag-biden","tag-constitution","tag-founding-fathers","tag-scotus"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/08\/AP24191821411641-scaled-1024x682.webp","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2318953","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2318953"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2318953\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2318954"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2318953"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2318953"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2318953"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}