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"This is a justice who is going to weigh in on cases that are about our democracy, about the former president's participation in an insurrection," said Rep. Pramila Jayapal.
A pair of House Democrats and a coalition of progressive advocacy groups on Wednesday will hold a press conference on the steps of the U.S. Supreme Court demanding a Senate probe into right-wing Justice Samuel Alito, who is under fire after reporting revealed that flags associated with the January 6, 2021 insurrection were displayed at two of the judge's homes in recent years.
Reps. Hank Johnson (D-Ga.) and Pramila Jayapal (D-Wash.), chair of the Congressional Progressive Caucus, will join the leaders of Stand Up America, MoveOn, Demand Justice, and other advocacy groups at the Wednesday press conference, which is scheduled to begin at 9:00 am ET.
"Participants will call on Senate leadership to launch a full and thorough investigation into Justice Alito's actions as well as push forward essential legislation to reform the Supreme Court," organizers said in a press advisory.
Johnson, a member of the House Judiciary Committee, introduced legislation last year that would establish 18-year term limits for Supreme Court justices. Jayapal has also been a vocal supporter of Supreme Court ethics reforms.
The press conference will come days after Alito rejected calls to recuse from pending cases related to former President Donald Trump and the January 6 insurrection after The New York Timesreported that the justice and his wife flew an upside-down American flag and the "Appeal to Heaven" flag at their homes in Virginia and New Jersey.
Both flags were "carried by rioters at the Capitol on January 6, 2021," the Times noted.
"To say that it has no bearing that his wife was flying not just one but two flags is really disturbing."
Sen. Dick Durbin (D-Ill.), chair of the Senate Judiciary Committee, said following publication of the Times stories that his panel "has been conducting a thorough investigation into years of ethical lapses by some justices on the Supreme Court—and the committee has been reviewing the latest reporting on Justice Alito as part of this ongoing investigation."
"Flying the American flag upside down at his home is a signal of defiance, which raises reasonable questions about bias and fairness in cases pending before the court," Durbin added.
In letters to members of Congress last week, Alito blamed his wife for flying the two flags and claimed that "a reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases would conclude that this event does not meet the applicable standard for recusal."
Jayapal, one of the Democratic lawmakers who demanded Alito's recusal, called the justice's response to the request "outrageous" and said he "had an obligation" to step away from cases involving Trump and the 2021 Capitol attack.
"This is a justice who is going to weigh in on cases that are about our democracy, about the former president's participation in an insurrection," Jayapal said in a CNN appearance last week. "To say that it has no bearing that his wife was flying not just one but two flags is really disturbing."
We need to raise our voices together to demand our leaders fully fund transit, biking, and walking instead of expanding highways.
In cities and in rural areas, in red states and blue states, most residents want cleaner and more connected communities. Public transit—including trains, buses, and dial-a-ride services—and accessible walking and bike routes give us healthy, clean, and affordable ways for everyone to get where they need to go.
But for too long, policymakers have sold us the false choice that we must fund highways above all else. They continue to waste billions of our tax dollars on highway expansion projects that pollute our air and increase traffic, instead of funding sidewalks, safe biking routes, and robust public transportation options. This has resulted in a system where most people must drive for every trip to meet their daily needs.
The good news is that a shift in transportation funding priorities will not only clean our air, it will also improve our lives in nearly every dimension.
It doesn’t have to be this way. This spring’s Earth Day celebrations gave us the opportunity to step back, imagine our future, and commit to the changes that get us there. And to reduce greenhouse gas emissions and stave off the worst effects of climate change, we must address the elephant in the room: transportation.
The transportation sector is the largest source of U.S. climate pollution—and 80% of transportation emissions come from the cars and trucks on our roads. It’s one of the only major sectors where emissions are still rising.
The good news is that a shift in transportation funding priorities will not only clean our air, it will also improve our lives in nearly every dimension. A new analysis from the Union of Concerned Scientists shows that by funding real transportation choices and reducing the amount we need to drive, we can create healthier, more connected communities while reducing harmful emissions.
If we expanded transportation options and reduced the miles that people need to drive by 30% by 2050, that would free up a lot of money in our wallets to spend on the things we need. On average, each household would save more than $3,000 a year from reduced fuel, maintenance, and depreciation costs for their vehicles. If better transportation choices allowed families to go from owning two cars to one, it would save them $12,000 per year!
And it would clean our air by reducing harmful emissions—by up to 3,100 megatons of greenhouse gasses. That’s the same as preventing emissions from almost 8,000 natural gas-fired plants.
The tide is starting to turn. Recently, federal legislation was introduced to provide more operational funds to transit. This would help many transit agencies across the country that are facing fiscal shortfalls invest in more services, run more routes, and increase the frequency of trains and buses. The bill, the “Stronger Communities Through Better Transit Act” introduced by Congressman Hank Johnson (D-Ga.), already has more than 100 co-sponsors.
And this momentum cannot come fast enough. The reality is the climate crisis isn’t coming—it’s here. We see it around us everyday. From record heat to stronger storms, it impacts everything from our economy to our national security.
And we need to act now.
We need to raise our voices together to demand our leaders fully fund transit, biking, and walking instead of expanding highways. This will connect and improve our neighborhoods, have a positive economic impact, and protect the air we breathe, the water we drink, and the land we call home for generations to come.
"The TERM Act is necessary because lifetime tenure on the United States Supreme Court leads to a court that is insulated from, and unaccountable to, the American people," said Rep. Hank Johnson, the bill's sponsor.
As the U.S. Supreme Court prepares to weigh in on presidential immunity and other major issues in the months ahead, more than 50 advocacy groups on Tuesday endorsed legislation that would create 18-year terms for current and future justices and provide two appointments for each presidential term.
"Extremists on the Supreme Court have undermined our democracy and fundamental freedoms by gutting voting rights, opening the floodgates to unlimited corporate money in our elections, and reversing 50 years of precedent by overturning Roe v. Wade," said Stand Up America executive director Christina Harvey in a statement.
"No one deserves power for life," she argued. "That's why 49 out of 50 states have either term limits, elections, or age limits for their highest courts. To protect our democracy and our fundamental freedoms, Congress should enact term limits for the U.S. Supreme Court."
"To protect our democracy and our fundamental freedoms, Congress should enact term limits for the U.S. Supreme Court."
Along with Stand Up, organizations calling on Congress to pass the Supreme Court Tenure Establishment and Retirement Modernization (TERM) Act include Accountable.US, Alliance for Justice, Brennan Center for Justice, Color of Change, Center for Popular Democracy, Citizens for Responsibility and Ethics in Washington, Demand Justice, Greenpeace USA, Indivisible, March for Our Lives, MoveOn, NextGen America, People for the American Way, Public Citizen, and Working Families Party.
The TERM Act (H.R. 5566) is led by Congressman Hank Johnson (D-Ga.), who reintroduced the bill in September and said during an event outside the Supreme Court that "our system is broken, and Congress must act if we are to save freedom, liberty, and democracy for all."
Noting that the bill is part of a reform package that includes the Judiciary Act and the Supreme Court Ethics, Recusal, and Transparency Act, Johnson argued that "the TERM Act is necessary because lifetime tenure on the United States Supreme Court leads to a court that is insulated from, and unaccountable to, the American people, which is bad for democracy."
As Johnson's office detailed at the time, along with establishing term limits and the new appointment schedule, the bill would:
The legislation now has 28 co-sponsors—including key House leaders: Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.), Rules Committee Ranking Member Jim McGovern (D-Mass.), Judiciary Committee Ranking Member Jerry Nadler (D-N.Y.), and Oversight Committee Ranking Member Jamie Raskin (D-Md.).
Since former GOP President Donald Trump worked with Senate Republicans to create a right-wing supermajority on the country's highest court by appointing Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, people and advocacy groups across the country have been increasingly demanding reforms.
Those calls have been bolstered by revelations about multiple justices' relationships with ultrawealthy individuals and the Supreme Court's November response to mounting concerns: a nonbinding code of conduct that critics decried as a "toothless PR stunt."
In contrast with his predecessor, Democratic President Joe Biden has so far only appointed one member of the court: Justice Ketanji Brown Jackson—who in 2022 replaced a retiring liberal, keeping in place the 6-3 ideological split.
After beating Trump in 2020, Biden is set to face him again in the November presidential election, thanks in part to the Supreme Court's 9-0 ruling last month that states can't remove federal candidates from their ballots—as Colorado had, determining that the former president was constitutionally ineligible to return to elected office because he had engaged in insurrection.
The court is set to hear arguments in another Trump-related case later this month. The Republican is trying to dodge federal charges for interfering with the 2020 election—one of his four ongoing criminal cases—by claiming presidential immunity. In amicus briefs submitted Monday, advocacy groups, business leaders, constitutional scholars, former government and military officials, historians, and national security professionals warned that a finding in Trump's favor would endanger U.S. democracy.
The three Trump appointees have not recused themselves from the cases; neither has Justice Clarence Thomas, whose activist wife Ginni Thomas was involved in right-wing efforts to block certification of Biden's win.