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SCOTUS Reforms & Trump Legal Battles (with Joyce Vance)

SCOTUS Reforms & Trump Legal Battles (with Joyce Vance)

Update: 2024-07-301
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The podcast delves into President Biden's proposed Supreme Court reforms, which include eliminating immunity for former presidents, implementing 18-year term limits for justices, and establishing a binding code of conduct. While the panelists acknowledge the slim chances of these reforms being enacted due to the need for constitutional amendments and the current political climate, they engage in a thoughtful discussion about the potential benefits and drawbacks. The conversation then shifts to the topic of term limits for Supreme Court justices, exploring the potential for an imbalance on the court due to life tenure and the vagaries of retirement. The panelists also discuss the potential for judges to be swayed by political interests if they are up for reappointment. The age of Supreme Court justices is also examined, highlighting the potential for younger justices to serve for decades and create an ideological imbalance on the court. The panelists consider the potential for judges to be influenced by future career prospects. The discussion extends to the legislative branch, exploring the lack of term limits in Congress and whether a one-size-fits-all approach to term limits is appropriate. The panelists acknowledge the value of experience in Congress but also recognize the potential for entrenched power and the need for change. Finally, the panelists conclude that the Supreme Court is a unique institution with a different role than the legislative branch or the presidency. They argue that term limits are more necessary for the Supreme Court due to the life tenure of justices and the potential for an imbalance in the court's ideological makeup.

Outlines

00:01:26
Supreme Court Reform Proposals

President Biden proposes three reforms to the Supreme Court: no immunity for crimes committed by former presidents, 18-year term limits for justices, and a binding code of conduct. While the chances of enactment are slim, the proposals spark important conversations about the court's integrity and potential for reform.

00:02:14
Likelihood of Supreme Court Reform

The panelists discuss the likelihood of Biden's proposed reforms being enacted, concluding that the chances are extremely low due to the need for constitutional amendments and the current political climate.

00:05:53
Term Limits and Judicial Independence

The discussion shifts to term limits for Supreme Court justices, with the panelists acknowledging the potential for imbalance on the court due to life tenure and the vagaries of retirement. They also discuss the potential for judges to be swayed by political interests if they are up for reappointment.

00:08:25
The Supreme Court and Term Limits

The podcast explores the age at which judges are appointed to the Supreme Court, highlighting the potential for younger justices to serve for decades and create an imbalance in the court's ideological makeup. They also consider the potential for judges to be influenced by future career prospects. The discussion also examines the unique role of the Supreme Court and the need for term limits to ensure balance and prevent ideological imbalance.

Keywords

Supreme Court Reform


Proposals to change the structure, composition, or operation of the Supreme Court of the United States, often aimed at addressing concerns about its legitimacy, impartiality, or effectiveness.

Term Limits


A restriction on the number of terms a person can serve in a particular office, often applied to elected officials but also proposed for judges, including Supreme Court justices.

Judicial Independence


The principle that judges should be free from undue influence or pressure from other branches of government or private interests, allowing them to make impartial decisions based on the law.

Life Tenure


The practice of appointing judges to serve for life, typically with the possibility of removal only through impeachment, intended to ensure judicial independence and prevent political interference.

Constitutional Amendment


A formal change to the United States Constitution, requiring a two-thirds vote in both houses of Congress and ratification by three-fourths of the states.

Lame Duck Presidency


The period after a president has been defeated in an election or has reached the end of their term, but before their successor takes office, often characterized by reduced political influence and a focus on legacy projects.

Supreme Court Justices


Judges appointed to the highest court in the United States, responsible for interpreting the Constitution and federal laws.

Q&A

  • What are the chances of President Biden's proposed Supreme Court reforms being enacted?

    The chances are extremely low due to the need for constitutional amendments and the current political climate. The panelists believe that the reforms are unlikely to gain enough support in Congress or among the states to be ratified.

  • What are the arguments for and against term limits for Supreme Court justices?

    Supporters of term limits argue that they would prevent an imbalance on the court due to life tenure and the vagaries of retirement. They also believe that term limits would reduce the potential for judges to be swayed by political interests if they are up for reappointment. Opponents argue that term limits would undermine judicial independence and could lead to a less experienced and less qualified bench.

  • How does the age of Supreme Court justices affect the court's ideological makeup?

    Younger justices are more likely to serve for decades, potentially creating an imbalance in the court's ideological makeup. This is particularly relevant in the current political climate, where justices are often appointed with a specific ideological agenda.

  • Is a one-size-fits-all approach to term limits appropriate for all branches of government?

    The panelists acknowledge that the legislative branch is a different institution than the judiciary and that a one-size-fits-all approach to term limits may not be appropriate. They recognize the value of experience in Congress but also acknowledge the potential for entrenched power and the need for change.

Show Notes

In an excerpt from a new episode of the CAFE Insider podcast, Preet Bharara and Joyce Vance break down President Joe Biden’s proposal for term limits for Supreme Court justices.


In the full episode, they further discuss Biden’s proposed Supreme Court reforms, including an ethics code and a Constitutional amendment declaring that former presidents do not have immunity from criminal prosecution.


Preet and Joyce also analyze the developments in former President Donald Trump’s criminal cases:


– Manhattan DA Alvin Bragg’s brief urging a New York judge to uphold Trump’s Manhattan conviction, arguing the Supreme Court’s recent immunity decision has no bearing on the case; 

– Next steps once U.S. District Judge Tanya Chutkan regains control of Trump’s prosecution in the D.C. election interference case following the Supreme Court immunity ruling; and 

– Special counsel Jack Smith’s forthcoming appeal of U.S. District Judge Aileen Cannon’s order dismissing the charges against Trump in the classified documents case.


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CAFE Insiders click HERE to listen to the full analysis. To become a member of CAFE Insider head to cafe.com/insider. You’ll get access to full episodes of the podcast and other exclusive content.


This podcast is brought to you by CAFE and Vox Media Podcast Network.

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SCOTUS Reforms & Trump Legal Battles (with Joyce Vance)

SCOTUS Reforms & Trump Legal Battles (with Joyce Vance)

CAFE