28 July 2026

Court Reform for the Post Trump Era

I have been advocating for some time that the Congress, when under Democratic Control with a D president, should explicitly, to the extent possible, legislatively overrule Citizens United, Buckley v. Valeo, Shelby County, Brnovich v. DNC, Trump v. US (on immunity), & Louisiana v. Callais. Thereby establishing as law progressive policy on money in politics, fair elections, and the principle that no one is above the law. I'm quite sure there are many others that need this treatment, but these seem most urgent. They should also by legislation, not requiring a Constitutional Amendment, add four new justices to the Court (to make 1 for each of the 13 Appellate circuits, which the D president will duly appoint immediately. The need to rebalance the court's ideological biases should be obivous. There should also be legislation requiring that the Supreme Court must issue rulings in writing, with explanatory opinions of sufficient clarity and substance to explain the basis of their decision. (No shadow docket rulings, if any disputed principle of fact or law is at issue). Further, if there is any way to "retire" justices into senior status, and be able to appoint their full time replacements, within the confines of the Constitution (also without having to amend it), they should pass that into law as well. Moreover, a rigorous anti-corruption law applicable to all Federal officers and employees, including judges, should be enacted as soon as possible. 

I would love to see all this, and especially the anti-corruption reforms, made retroactive, so that while the prohibition of ex post facto penalties would have to be finessed, it might be possible to claw back thinly disquised bribes and proceeds of extortion not only of Trump but also people like Homan and Justices Thomas and Alito. That may be hoping for a bit too much, but it's actually pretty important to establish that people who use the law to cheat the people are not entitled to protection of the fruits of their corruption.

 

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MUSICA SUMMUM DOLOREM TRANSFIGURAT 

ET SUMMUM GAUDIUM SALTAT

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