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Given that the Supreme Court has become an embarrassment to the country it is probably time to consider some ways to improve it.  Herewith some totally original ideas.  Including doing away with Thomas and neutering Roberts.

Clarence Thomas is such a glaring example of misconduct and judicial conflict of interest that  it raises the question of Obama's passivity (or preternatural calm -- take your pick).  A president with an instinct for the jugular (which he reportedly has on the basketball court) would have gone for Thomas' balls on the Obamacare case, insisting on recusal.  As if there weren't enough other items on Thomas' blacklist.

Quoting from bilerico.com:
He is a disgrace to the federal judiciary and has engaged in conduct that would force other justices from the bench plain and simple. Think Progress has a piece that documents why Thomas needs to go from the Court as have other justices that have engaged in similar unethical behavior. First, these highlights from the Times story:

    Mr. Crow stepped in to finance the multimillion-dollar purchase and restoration of the cannery, featuring a museum about the culture and history of Pin Point that has become a pet project of Justice Thomas's.

    The project throws a spotlight on an unusual, and ethically sensitive, friendship that appears to be markedly different from those of other justices on the nation's highest court. Mr. Crow has done many favors for the justice and his wife, Virginia, helping finance a Savannah library project dedicated to Justice Thomas, presenting him with a Bible that belonged to Frederick Douglass and reportedly providing $500,000 for Ms. Thomas to start a Tea Party-related group. They have also spent time together at gatherings of prominent Republicans and businesspeople at Mr. Crow's Adirondacks estate and his camp in East Texas.

    Supreme Court ethics have been under increasing scrutiny, largely because of the activities of Justice Thomas and Ms. Thomas, whose group, Liberty Central, opposed President Obama's health care overhaul -- an issue likely to wind up before the court. Mr. Crow's donation to Liberty Central was reported by Politico.

These stories may be further researched at the NY Times, which ran front page articles on the scandals of Thomas -- which disappeared like sugar cubes in the ocean.  
I created a petition to impeach Thomas.  It disappeared like a sugar cube in the ocean.  Maybe if Kos got behind it some momentum would be created.  I'll include a poll to see how much outrage there is.

Doing away with Thomas is a brilliant idea but not as brilliant as what follows:
Roberts sneaked through the confirmation process by masquerading as "the umpire" -- not making laws, but interpreting them.  Nice work slimeball.  His main agenda seems to be overturning precedent.

Here's a way to neuter him:
There will for sure be a court vacancy in the next year or so.  Unfortunately it will probably be on the liberal side. Only the death grip that the aged have (and especially judges) on power keeps the aging justices alive.  Justice Ginsburg (kudos to her -- a valuable jurist) can't last much longer (cancer in addition to age).  Well here's a knuckle ball for Roberts.  Obama should appoint Roberts to the empty seat and appoint a new Chief Justice.  Wouldn't that be delicious?  Wouldn't that throw the Repubtilians into a frenzy?  

Poll

Is it worth the effort with Kos to attempt to impeach Thomas

25%13 votes
34%18 votes
40%21 votes

| 52 votes | Vote | Results

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Comment Preferences

  •  He could say he's nominating Roberts... (3+ / 0-)

    ...for an open Associate Justice position until the cows come home, but Roberts would have to accept the nomination (demotion, really) for it to have any effect. The President can't simply force a Chief Justice to accept a nomination to an Associate Justice vacancy on the Court.

    "When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a communist." --Dom Helder Camara, archbishop of Recife

    by JamesGG on Sat Dec 22, 2012 at 06:40:01 PM PST

  •  I suspect Chief Justice Roberts would decline (3+ / 0-)

    the offer to be nominated to an Associate Justice position, so to make such a nomination would be a waste of time.  Even if he accepted, it would certainly be filibustered (unless Reid and the gang want to eliminated any version of the filibuster - up to and including the "Mr. Smith Goes to Washington" version)....

    Beyond that, the balance of power will not have changed, because even if Roberts were to be fed enough magic brownies to accept the nomination, the outcome would still be to replace a liberal Justice with a liberal Justice.  The votes on cases remain the same; I'm not sure that there is any further benefit to having the Chief Justice on our side of the line of scrimmage other than some control over who writes the opinions...

    "In a nation ruled by swine, all pigs are upward mobile..." - Dr. Hunter S. Thompson

    by Jack K on Sat Dec 22, 2012 at 06:42:04 PM PST

  •  Also, I think there was a good reason... (4+ / 0-)

    ...for President Obama not to fight for Thomas's recusal from the ACA case—which was that if he did, the right-wing would fight just as hard for Elena Kagan's recusal on the grounds that she'd been Solicitor General for the administration that pushed the bill forward in the first place.

    "When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a communist." --Dom Helder Camara, archbishop of Recife

    by JamesGG on Sat Dec 22, 2012 at 06:42:17 PM PST

  •  Wow, speaking of embarrassments. (4+ / 0-)

    Sorry, this is both uninformed and offensive. One may fervently wish that Justice Thomas would retire without proclaiming a desire to "do away with" him or "go for his balls" let alone "neuter" him or any other justice.  

    Setting aside for the moment both your misunderstanding of conflicts principles and the apparent absence of authority for the President to depose the Chief Justice, what possible good could come of such an act? In the first place, I would be surprised if the President could find a qualified candidate who would take the job under such circumstances, and the Senate would never play ball. But more to the point, it would not change the balance of power on the Court, so it couldn't even be justified to the most partisan of Democrats who care about the Court, let alone the public at large.

    Nice try at creativity, I guess, but I recommend deleting or substantially rethinking this.

  •  The diary author has been here for 5 years (2+ / 0-)
    Recommended by:
    Miggles, Neuroptimalian

    And has 11 comments, the last 7 of which are tip jars.

    "let's talk about that"

    by VClib on Sat Dec 22, 2012 at 07:09:28 PM PST

  •  Only time will improve the court (at best) (0+ / 0-)

    The only thing that will improve the court is the passage of time it will take for Justices Alito, Scalia, and Thomas to reach that day when they retire or pass away (in peace, in bed and at home, surrounded by their loved ones, of course)

  •  How about appointing Justice Kennedy (0+ / 0-)

    as Attorney General?

    Get Kennedy off the court and Thomas, Alito, and Scalia would forever be in the minority.

    Filibuster reform now. No more Gentleman's agreements.

    by bear83 on Sat Dec 22, 2012 at 07:15:04 PM PST

    •  He would still have to accept the job. (2+ / 0-)
      Recommended by:
      VClib, Neuroptimalian

      What makes you think that Anthony Kennedy would give up a lifetime seat on the Supreme Court for a 4-year-max gig as Attorney General?

      "When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a communist." --Dom Helder Camara, archbishop of Recife

      by JamesGG on Sat Dec 22, 2012 at 07:28:05 PM PST

      [ Parent ]

    •  bear - Kennedy would have no interest (1+ / 0-)
      Recommended by:
      Neuroptimalian

      in being AG. At the moment he is the king maker as the swing vote. I don't think any other job in the world would ever appeal to him, as compared to where he now sits. In addition, I expect Kennedy to hang in there until 2016 to see if he could have a Republican President name his successor. Kennedy doesn't want to see the majority flipped.

      "let's talk about that"

      by VClib on Sun Dec 23, 2012 at 08:07:51 AM PST

      [ Parent ]

  •  Separation of Powers...you can't disassociate... (2+ / 0-)
    Recommended by:
    alain2112, Neuroptimalian

    ...yourself from it simply because you don't care for one or more of the justices on the bench.

    Change the makeup of the court by winning elections and replacing retiring justices when the opportunities arise...that is how you improve the Supreme Court.

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