Senate Judiciary Chair Dick Durbin, the Democrat Party, and their media sycophants have been trying to build a case against Republican-appointed Supreme Court Justices leading up to Durbin’s "Supreme Court Ethics Reform" hearing on Tuesday. This is part of the Democrats' long term effort to undermine the legitimacy of the Supreme Court, but the reality is it may be undermining Durbin’s legitimacy.
First off, it is worth noting that all nine Supreme Court Justices pushed back against the Durbin’s efforts:
All nine justices, in a rare step, on Tuesday released a joint statement reaffirming their voluntary adherence to a general code of conduct but rebutting proposals for independent oversight, mandatory compliance with ethics rules and greater transparency in cases of recusal.
The implication, though not expressly stated, is that the court unanimously rejects legislation proposed by Democrats seeking to impose on the justices the same ethics obligations applied to all other federal judges. . . .
"If the full Court or any subset of the Court were to review the recusal decisions of individual justices," they wrote, "it would create an undesirable situation in which the Court could affect the outcome of a case by selecting who among its members may participate."
Later, they added that public disclosure of the basis for recusal could "encourage strategic behavior by lawyers who may seek to prompt recusals in future cases" by framing them a certain way in an attempt to disqualify a particular member of the court.
The Judicial Crisis Network's Carrie Severio, who will address the RNLA National Policy Conference on May 12, points out the real motive for Durbin’s partisan attacks on the Supreme Court:
It's all part of the Left's concerted effort to delegitimize the Supreme Court because it has an originalist majority. https://t.co/FMJqcFVk27— Carrie Severino (@JCNSeverino) April 28, 2023
Instead of adding to the attacks on the legitimacy of the Court, and literally on the Justices, Chairman Durbin should be focused on protecting them. Justice Alito recently laid out how severe the attacks were in light of the leak of the Dobbs decision:
“It was a part of an effort to prevent the Dobbs draft . . . from becoming the decision of the court. And that’s how it was used for those six weeks by people on the outside—as part of the campaign to try to intimidate the court.”
That campaign included unlawful assemblies outside justices’ homes, and that wasn’t the worst of it. “Those of us who were thought to be in the majority, thought to have approved my draft opinion, were really targets of assassination,” Justice Alito says. “It was rational for people to believe that they might be able to stop the decision in Dobbs by killing one of us.” On June 8, an armed man was arrested outside the home of Justice Brett Kavanaugh; the suspect was later charged with attempted assassination and has pleaded not guilty.
Senator Durbin should be working to protect the Justices—not adding fuel to the fire. Senator Durbin has a troubled history throughout his years on the Judiciary Committee. Ironically, his latest PR stunt is only going to further undermine his legacy.