A Phil Hall Op-Ed: President Biden teeter-tottered back into the spotlight today with a ghostwritten article and a TelePrompTer speech that outlines his ideas to “reform” the Supreme Court.
(In case you’re wondering what this has to do with real estate, be patient and it will be explained in a minute.)
“I have great respect for our institutions and separation of powers,” said the president’s ghostwriters on his behalf. “What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.”
Of course, it is odd to be lectured on “normal” government by the man who was arm-twisted into relinquishing the role as his party’s presidential nomination. Nonetheless, Biden wants an enforceable ethics code for the Supreme Court’s justices (though he won’t say who is doing the enforcement), along with the revocation of the court’s Constitutionally mandated lifetime terms and the voiding of a recent Supreme Court ruling on presidential immunity.
First, let’s quit the charade and be blunt – this has nothing to do with reform and everything to do with revenge. The Biden administration that has been flummoxed by the rulings of a conservative-majority court that has refused to be bullied into rubberstamping Biden’s agenda. Even Biden himself acknowledged this, as reported by the Washington Post when he told a conference call of progressive lawmakers that he was seeking “a major initiative on limiting the court.”
The administration, along with its allies on Capitol Hill and stooges in the left-wing mainstream media, have tried to denigrate the honesty and integrity of the court’s conservative justices through threats of barely veiled violence (Sen. Chuck Schumer’s “you will pay the price” denunciation against Justices Brett Kavanaugh and Neil Gorsuch) and the invention of phony scandals. Lest we forget, the Biden Justice Department did nothing to stop lunatic liberals who have been harassing the justices at their homes, although one extremist planning the murder of Kavanaugh was apprehended.
In regard to the Biden administration’s specific plans, appointing a Supreme Court justice every two years for 18-year terms is plain old court packing. The creation of an ethics code would need to be created internally by the Supreme Court and cannot be forced by the Executive Branch, especially from an administration with major ethics lapses – and by the way, who brought that cocaine into the White House? As for the immunity ruling overturn, Biden has falsely claimed that this provides the office of the president with blanket immunity, and he is pushing for a “No One Is Above the Law Amendment” to the Constitution – don’t bet on that happening.
Now, what does this have to do with real estate? The Supreme Court often has final say on contentious issues and has kiboshed the overreach or the vile behavior of the Executive and Legislative Branches of the federal government. For example, the Supreme Court’s 1917 Buchanan v. Warley ruling came a half-century before the passage of the Fair Housing Act. That is why the court must operate independently of being muscled into submission by the White House and/or Congress.
Over the past few months, we’ve seen the Supreme Court siding with property owners and developers while limiting the U.S. Environmental Protection Agency’s authority over areas that it defines as wetlands, affirming that the funding mechanism of the Consumer Financial Protection Bureau (CFPB) did not run afoul of the Appropriations Clause of the Constitution, and the decision that cities have the right to enforce bans on homeless people sleeping outdoors.
Personally, I disagreed with the CFPB decision, and on a historic basis I think the 2005 Kelo v. City of New London was one of the court’s worst rulings. But it is rare for any Supreme Court term to generate unanimous praise – hey, you can’t please everyone. And while the court’s history is littered with boneheaded mistakes (hello, Dred Scott v. Sanford and Plessy v. Ferguson), it is not unprecedented for the Supreme Court to revisit and overturn historic rulings that created more problems than solutions.
Like the old saying goes – if it ain’t broke, don’t fix it. Biden’s bloviating is an irritating distraction that, mercifully, will come to naught.
Phil Hall is editor of Weekly Real Estate News. He can be reached at [email protected].
Photo: The White House
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Well said! Thank you!
Great article, totally agree!
Your publication was initially interesting. Though I didn’t always agree with your choice of topic or the direction it would tend to lean, I am open to differing perspectives, especially in relation to how it affects housing in our country and communities.
That said, I’ve had enough. It’s clear that you are wanting to affect the perspective of your reader too extremely in one direction, and the level of bias surpasses what I am able to consider even palatable. The Supreme Court is heavily weighed toward the extreme right, as promised by the previous president, while our population is not (as reflected in polls and the popular vote), and the fact that you can attempt to defend this in the guise of a real estate page, while making scoffing comments on an elderly leader who just stepped down is a grossly overwrought effort on your part. I’ll stay long enough to dare you to publish this response, then I am out.
Here it is, Stephanie! Dare accepted! 🙂
Bravo, Phil!
well said Stephanie!
100% agreed Stephanie!!!!
Time limits for all politicians is needed. No one is above the law.
I couldn’t agree more with this article well said Ty for publishing
Agree 100%! I’m here to read about real estate. It’s clear to me this platform has pivoted away from real estate topics and into opinionated right leaning politics. If I want that there are so many other platforms that do so. I’m interested in real estate that’s why I stayed on here. I’m not going to repeat Stephanie’s comment as I am in total agreement as well as most of my inner circle when it comes to SCOTUS. They have lost the respect of the position they hold and something needs to change. I’m out of here as well.
Well said Stephanie! I agree! I am so sick of political posts. I am getting off every email blast and blocking every Facebook post that post politically.
Obviously you are left leaning. Our founders knew what they were doing and we should stick with their plan.
Great comment Stephanie!
Agree with you 100% Stephanie…Enough is enough! Take it elsewhere.
Same here Stephanie! 100% agree!
I firmly believe that what President Biden is trying to do is the honest and correct thing to do. It is inconceivable to me that the Supreme Court has Supreme rule over everything and yet NO RULES for them to abide by……not right!!! I do think NO PRESIDENT SHOULD BE ABOVE THE LAW!!! EVER!!! and SCOTUS should be held responsible for their own wrong doings as well….and that should be spelled out and they should be held accountable. SCOTUS is too out of balance at this point not to have rules in place for them. It is totally unfair to the entire country.
Our judicial system is corrupt at the least. Missing Ruth Bader Ginsberg!
S Barrett–You are speaking truth.
Exactly!!! 3 of them lied at confirmation hearings and 2 are bought and paid for. NO respect for the not-so Supreme Court! Term limits for all and absolutely NO ONE is above the law. Presidential immunity??? This isn’t Hungary or Russia. If I wanted to listen to this trash I could go to Truth Social. This is not Real Estate news so I’m out, too.
I find it interesting that term limits are being requested by a politician who was in politics for 50 years yet suddenly feels that the SCOTUS justices should be limited to 18 I’m assuming perhaps since things didn’t unfold in his favor. What about term limits across the board in DC since Congress has been turned into a part-time nursing home. He should leave well enough alone and concentrate solely on his other promise that his administration will find the cure to cancer within the next 6 months. This type of poison in American politics needs to be diluted for the future of our constitutional republic.
Spot on George
George, you seem to be forgetting that Biden was elected and re-elected by his constituents, who found that Biden’s performance in office over time, merited re-election. SCOTUS appointees can never be held accountable for their actions, including blatant “gift” reception from wealthy “friends”, whose cases come to the Supreme Court!
I agree that this is politically motivated as retaliation against an opponent. It’s really disturbing that the administration thinks it can just change laws anytime they feel like it simply because the laws are not currently benefitting them. They say the Supreme Court leans far right, yet they want to change the laws to make it lean far left. Biden wants term limits, yet he himself spent 36 years as a senator. I hate this “rules for thee, not for me” mentality. Is it so wrong to want everyone to play by the same rules?
I sure hope that Donald Trump wins this election and stops this nonsense. Go TRUMP
I am simple in my thoughts. I recognize that the sole job of a Supreme Court Justice is to protect the constitution. How much simpler can it get.
Totally agree with you, Phil! Great article!
George, I am for term limits for all elected officials and appointed judges to state and federal benches.
My hope is that the upcoming election will place thoughtful people in positions of power that will allow us to continue to live in a free and healthy democracy that provides the right of choice and opinion to all who call the USA home.
Totally agree. It should be done in the best interest of our country. This abuse of power is currently being promoted for the sake of maintaining power and control to win an election. I’m not a cheer leader for either party as I remain an independent. The American public needs to be able to read between the lines and question the motives of all politicians.
Thought this was a forum for real estate. The fact that you are talking about a tottering man with ghostwritten speeches shows you are not only political but borderlining on MAGA. Don’t mind fair reporting but this is not the forum for partisan politics. Get back to reporting real estate. As for whomever talked about Biden being in 50 years and term limits if a Justice wants to run for senator after their 18 years then let them have at it. Then they can run for city council then dog catcher whatever their heart desires until those term limits are up.. When you are taking luxury trips and having billionaires pay for your mother’s house and your nephew’s tuition or flying partisan flags in front of your house you are not impartial. We have a Code of Ethics we need to adhere to as well as all judges below the Supreme Court. Shouldn’t the highest court in the land be held to the same standards? Like I said get back to real estate information and get out of politics.
Thank you, Deb. The author appears too biased to honestly include the details on the current justices’ questionable activities, but I’m glad you did. The author seems to be officially vying for a right wing media position over being informative in US real estate.
Afraid to publish my last comment, or the one before … WRE is in need of some backbone when they ask for comments then fail to publish.
Shame on You
For the record, exactly three comments related to this op-ed piece were not published: two were duplicate postings and one contained language that was inappropriate for a serious discussion.
My ass smoocher comment is no more offensive than you using your editorial platform to bully a man who has spent his life trying to help the middle class … unlike #45 who only wants to line his pockets and attack women.
I dare you to publish my other rebuttal to your post.
The supremes are 2/3 christian conservatives who have very little impartiality.
Your defense of them and failure to include my response shows your alliances.
It has no place in a Real Estate Forum.
Bob G
For the record, we received two comments from you regarding this opinion piece, with one being removed because it repeated the points raised in the other. The offensive comment that I cited earlier that was removed was written by another person. We welcome intelligent and spirited debate, which is the best way for any community to share its thoughts and concerns.
Agree and thank you Deb.
When Hamilton wrote the Federalist Papers, the average life expectancy in the Americas was about 35 years. Today, it is 77 years.
Federal Judges, including Supreme Court Justices, “…hold their Offices during good Behavior…” Article III, Section 1 of the Constitution of the United States.
Justice Thomas’s habit of under reporting or misreporting his many gifts is certainly not “good Behavior,” along with his refusal to recuse himself from cases which have a direct benefit to his “donors” and Mr. Trump. For example review the text messages of Ginni Thomas to Mark Meadows at https://www.kcra.com/article/texts-between-ginni-thomas-and-mark-meadows/39531243#:~:text=The%20text%20messages%2C%20reviewed%20by,constitutional%20governance%20at%20the%20precipice, regarding the “stop the steal” nonsense.
Polls have disclosed that a majority of Republicans and Democrats support term limits for Supreme Court Justices.
“There have been times when the Supreme Court has enshrined popular tyranny into law—For example see the Court’s decision in Dred Scott v. Sandford.”
“I just think that people—whether they’re in the legislative, executive, or judicial branch—shouldn’t see their appointment to an office as permanent,” Mike Huckabee told CNN during his 2015 run for the Republican nomination. “It would be that they have no accountability whatsoever.”
It should not be too difficult to adopt a standard to handle ethics complaints against Supreme Court Justices. Most states have adopted procedures to handle ethics complaints and other violations by all judges of the state’s courts. For example, Utah has a Judicial Conduct Commission…https://le.utah.gov/xcode/Title78A/Chapter11/C78A-11_1800010118000101.pdf
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Before anyone chimes in, I’d suggest the author READ the USC and the founding fathers’ articles and discussions regarding establishing a NEUTRAL, NON-PARTISAN, NON-RELIGIOUS, NON-POLITICAL court and judges so as to keep with the accepted and much lauded tradition of justice being ‘blind’ so such influences.
Contrary to the misconception our country was established on strictly any Christian basis of bias, at best it was on beliefs in some possible higher belief in some deity, but not stated which one or whose. Hence, freedom of (and from) religion by any citizen and the application of law by one’s peers, not a religious or otherwise biased institution.
Not to mention, I believe it truly was the intention (and belief) of our forefathers such individuals places on high courts with lifetime appointments would perform their duties with some basis of ethics and neutrality. To do otherwise, like several current members of the court have been found to act, is abhorrent to any constitutionalist or literalist as some of them purport to be, normally would have been unthinkable.
Now we find ourselves under the jurisprudence of unethical behavior at the very least, if not wholly criminal, by several members of the present court! So, this article and the author is clearly biased and trying to put or force their views onto reader under the auspices of ‘journalism’.
Thank you for publishing my comments. I agree that the spirited debate is necessary.
My first rebuttal was unlike anything I read in the other 25+ comments, but will defer to you on its contents.
I’ve made my point … Attacking Joe Biden while endorsing the supremes actions has no place in a Real Estate Forum.
Good Luck America.
#45 should never get anywhere near being #47.
Our Supreme Court is the one remaining American institution that the Marxist Communist Left that pollutes this country has not been able to corrupt, strong-arm and turn into a rubber-stamp for the radical agenda by those currently in charge. Standing in the way of them, fortunately for us, is our Constitution and our High Court whose job it is to uphold same. The intention by our Founders that the Court for the ages/lifetime would provide that the Justices be above politics and pressure from social whims and/or trends that are fleeting. I LOL as this is again all being done at the hands of those who decry “democracy!” (We are NOT a democracy btw to all those commenting who are insisting that we are.) We are a CONSTITUTIONAL REPUBLIC. Thanks for the great article and inspiration!!
The article, which was veiled as a real estate editorial and published on a real estate website that is supposed to be about all things real estate, is nothing more than a right-wing political propaganda statement.
What is it doing here on this website?
The point of the op-ed was to call attention to an unprecedented move by the Executive Branch to force the rebuilding of the structure of the Supreme Court. The subject was addressed due to the Supreme Court’s influence on matters related to the housing, real estate and mortgage industries. Maybe more Supreme Court cases related to the real estate, housing and property development sectors could have been cited, but this was not meant to be a history lesson on the court and these sectors.
I doubt very much Biden is capable of thinking of something like this, obviously, it is the leftist elite agenda, not his own.
What a refreshingly common sense article!