Letter to the Editor

SCOTUS tenure needs reform

Posted 9/17/26

A good number of rulings by the conservative majority on the US Supreme Court have favored Trump. Let me recall a few of them to make my point. The earliest one gave Trump broad immunity from …

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Letter to the Editor

SCOTUS tenure needs reform

Posted

A good number of rulings by the conservative majority on the US Supreme Court have favored Trump. Let me recall a few of them to make my point. The earliest one gave Trump broad immunity from criminal prosecution. In her dissent, Associate Justice Jackson stated the ruling made Trump a king. Then in another, the Slaughter decision, the conservative majority, clinging to the ‘unitary executive theory,’ a broad interpretation of the Constitution’s Article 2 investing executive power in the president, gave Trump absolute control over the executive branch. This interpretation means Trump has the authority to direct, appoint and dismiss members of the executive branch even including those on independent federal agencies and commissions. He can fire them at will, without cause. Thus Trump was allowed, at will, to fire Rebecca Slaughter who was a commissioner on the Federal Trade Commission. This ruling overturned 91 years of precedent that honored the ‘cause’ proviso in congressional legislation that established federal agencies. ‘Cause’ in this legislation meant dereliction of duty, incompetence or malfeasance in office. People, ‘cause’ is no longer needed for dismissal. This independent shield for expertise-based appointments is gone.

In the last recalled ruling, by a 5-4 vote, the conservative majority sans Chief Justice Roberts, disregarded the law and gave Trump the greenlight to continue construction of his vanity project, the state ballroom in the White House. Siding with the three liberal associate justices, Chief Justice Roberts stressed the law is clear. In a scathing dissent he cited the federal statute that explicitly prohibits building any structure on federal public grounds (the White House) in the District of Columbia without express congressional authorization. People, no such authorization was given. This ruling is a slap in the face to every American taxpayer. Greenlighting continued construction means continuing the rape of the taxpaying public who, to a large extent, is paying for Trump’s vanity project! 

The aforementioned SCOTUS rulings among others, in toto, have markedly expanded presidential power. They have noticeably tipped the ‘separation of powers’ scale unduly in favor of the executive branch. These rulings cry out for SCOTUS reform. Term limits are in order. There is another reform I am most fond of. It is one supported by Rahm Emanuel, former mayor of Chicago, that calls for a mandatory retirement age of 75 for all public officials across the three branches of the federal government. Reform is long overdue!