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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 Times reported 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.
"Stop the bombing of Gaza, then the attacks on commercial shipping will end," suggested Rep. Hank Johnson. "Why not try that approach?"
Democratic Congressman Hank Johnson of Georgia is receiving praise for what he acknowledged some would call a "dumb idea," but to him—and many others—is the surest and most mutually beneficial way to stop the attacks on commercial vessels in the Red Sea by Houthi forces in Yemen while at the same time bringing an end to Israel's three-month attack on Gaza.
"I have what some may consider a dumb idea," Johnson tweeted Friday night, "but here it is: stop the bombing of Gaza, then the attacks on commercial shipping will end. Why not try that approach?"
Others chimed in to say it was a common-sense approach, not a stupid one. "That is not a dumb idea at all, Congressman!" declared Just Foreign Policy. "In fact, you are reflecting the view of the vast majority of the world."
Following U.S.-U.K. airstrikes on Houthis targets in Yemen early Friday morning—which members of Congress on both sides of the aisle denounced as illegal because they lacked congressional approval—critics warned it only risks escalating tensions in the Middle East further and puts the region on a path to wider war.
U.S. Central Command (CENTCOM) confirmed Saturday it fired missiles on an additional radar site in Yemen, describing the strike as a "follow-on action."
The Houthis have been very clear that their attacks on cargo vessels and oil tankers in the Red Sea, Gulf of Aden, and the straight that connects the two known as the Bab el-Mandeb, are a direct response to Israel's "genocidal" assault on the people of Gaza.
On Friday, the Houthis' political committee repeated that message as it affirmed "the commitment of the Yemeni Republic to what was declared at the beginning of its naval operation to end the blockade, stop the aggression, end the genocidal war on Gaza, and allow the entry of food, medicine, fuel, and all means of life."
As Branko Marcetic wrote for Jacobin on Friday:
The ethnic cleansing and mass murder in Gaza could end, the Houthi attacks on international shipping could stop, the wider, catastrophic war that day by day gets closer to breaking out in the Middle East could be prevented.
All it would take is doing the one thing that president Joe Biden has refused to do, in the face of all political logic, common sense, and public pressure: support a permanent cease-fire between Israel and Hamas, and use the enormous power and leverage Washington has over the tiny Middle Eastern country to make it stop its war on Gaza.
Kenneth Roth, former executive director of Human Rights Watch and now visiting professor at Princeton, suggested that nearly tens years of Saudi bombardment—on pause since last year due to a fragile peace agreement—had not been able to displace the Houthis in Yemen but that the airstrikes and further Western provocations could rekindle that war as well as the extreme humanitarian crisis that came along with it.
"Better to get a ceasefire in Gaza to stop that humanitarian crisis," said Roth on Saturday.
In a statement on Friday, Johnson connected the U.S.-led bombing of Yemen with the ongoing violence in Gaza.
"As the U.S. and a group of allies bomb the Houthis for attacking commercial shipping lanes, the right-wing government of Bibi Netanyahu continues the incessant bombing of Gaza," said Johnson. "So far 23,00 people have been killed, 70% of whom are women and children. Untoward numbers have been maimed, with some being forced to undergo amputations and pregnant women reciving C-sections without anesthesia."
Citing the 2.2 million people in Gaza "being systematically starved to death," Johnson said the situation was both dangerous and untenable.
"With there being no place in Gaza safe from Israel's relentless and ongoing bombing campaign, the rampage threatens to ensare the U.S. in a regional war," he said. "I join others in calling for an immediate ceasefire throughout the region."
Confirming what many experts have said, the Houthis appeared undeterred by the first wave of airstrikes. As the Maritime Executive reported Friday, fresh Houthi attacks on vessels took place not long after:
The Houthi rebels resumed launching missiles and mounting their attacks only hours after the forces of the U.S. and UK struck at their capabilities. While ships are being warned to use caution and avoid the Bab el-Mandeb in the immediate aftermath of last night’s strikes, reports are coming in of an attack in the Gulf of Aden.
The UK Maritime Trade Organizations issued an alert of an attack and approach approximately 90 nautical miles southeast of Aden, Yemen. No details were provided on what type of vessel might have been involved, but the UKMTO said the ship is proceeding on its voyage without reporting any injuries or damage.
In New York City on Friday, the U.N. Security Council convened to discuss the violence in the Red Sea. The office of the U.N. Secretary-General António Guterres used the occasion to call for de-escalation.
In a statement, a spokesperson for Guterres said the Secretary-General "reiterates that attacks against international shipping in the Red Sea area are not acceptable as they endanger the safety and security of global supply chains and have a negative impact on the economic and humanitarian situation worldwide."
Citing passage of a recent UNSC resolution officially condemning the Houthis attacks, the spokeperson also stressed that "all Member States defending their vessels from attacks to do so in accordance with international law, as stipulated in the Resolution."
The statement further called "upon all parties involved not to escalate even more the situation in the interest of peace and stability in the Red Sea and the wider region."
"No one is above the law," the New York Democrat asserted. "For two decades, Justice Thomas failed to report millions in gifts."
A day after several House Democrats urged U.S. Supreme Court Justice Clarence Thomas to resign following fresh reporting on undisclosed luxury vacations he accepted from wealthy Republican donors, Rep. Alexandria Ocasio-Cortez on Friday led a letter calling on the Department of Justice to investigate the right-wing judge's failure to report "significant gifts" from billionaires "in defiance of his duty under federal law."
"For close to two decades, Justice Thomas repeatedly certified that his financial disclosures were 'accurate, true, and complete,' despite omitting millions of dollars in gifts," the office of Ocasio-Cortez (D-N.Y.) said in a statement. "Justices of the Supreme Court are required to file annual reports disclosing gifts, and the failure to do so carries a legal penalty under the Ethics of Government Act of 1978."
According to the letter—which was also signed by Democratic Reps. Jerry Nadler (N.Y.), Jamie Raskin (Md.), Hank Johnson (Ga.), and Ted Lieu (Calif.)—"Justice Thomas' consistent failure to disclose gifts and benefits from industry magnates and wealthy, politically active executives highlights a blatant disregard for judicial ethics as well as apparent legal violations."
The letter continues:
No individual, regardless of their position or stature, should be exempt from legal scrutiny for lawbreaking. The integrity of our judicial system hinges on the impartiality and transparency of its members. As a Supreme Court justice and high constitutional officer, Justice Thomas should be held to the highest standard, not the lowest—and he certainly shouldn't be allowed to violate federal law. Refusing to hold him accountable would set a dangerous precedent, undermining public trust in our institutions and raising legitimate questions about the equal application of laws in our nation.
ProPublica reported Thursday that Thomas has accepted at least 38 luxury vacations funded by ultrawealthy executives and Republican donors—some with business interests before the Supreme Court. The outlet noted that "while some of the hospitality, such as stays in personal homes, may not have required disclosure, Thomas appears to have violated the law by failing to disclose flights, yacht cruises, and expensive sports tickets."
Ocasio-Cortez and other congressional Democrats have previously called for Thomas' impeachment over ethical issues including his unsigned dissent in a case involving the January 6, 2021 attack on the U.S. Capitol by supporters of former Republican President Donald Trump, who is facing federal charges for trying to overturn his 2020 election loss. The justice's wife, GOP operative Ginni Thomas, allegedly lobbied state lawmakers in Arizona to help rig the election for Trump.
Critics have lamented that the Supreme Court—alone among the three co-equal branches of the federal government—is not subjected to a binding code of ethics. Last month, the Democrat-led Senate Judiciary Committee advanced legislation led by Sen. Sheldon Whitehouse (D-R.I.) that would compel the high court to adopt an enforceable code of ethics. The measure advanced with no Republican support and is unlikely to pass the full Senate and GOP-controlled House.
ProPublica has also exposed a luxury fishing vacation in Alaska that another right-wing justice, Dobbs v. Jackson author Samuel Alito, accepted from a billionaire hedge fund manager who has repeatedly had business before the court.
Additionally, Politico's Heidi Przybyla reported earlier this year that Justice Neil Gorsuch, another member of the high court's conservative supermajority, in 2017 sold a property to the head of a law firm subsequently involved in over 20 cases before the court.
Last month, an Associated Press investigation also revealed that liberal Justice Sonia Sotomayor's staff "has often prodded public institutions that have hosted the justice to buy her memoir or children's books, works that have earned her at least $3.7 million since she joined the court in 2009."
Thomas and Alito have argued they don't have to disclose gifts they've received, even from people who have or have had cases before the Supreme Court. Critics derided Thomas for claiming that he was advised by colleagues to not report the largesse of billionaire GOP megadonor Harlan Crow and others from whom he accepted gifts.
"Thomas must resign and Congress must pass a binding code of ethics for Supreme Court justices."
Meanwhile, Chief Justice John Roberts has rebuffed demands from congressional Democrats and others to investigate allegations of unethical and possibly illegal conduct by Thomas and Alito, while refusing an invitation to testify before the Senate Judiciary Committee over the accusations.
Responding to the latest ProPublica reporting, Sen. Elizabeth Warren (D-Mass.) wrote Thursday on the social media site formerly known as Twitter that "Thomas' behavior is unconscionable."
"Americans deserve better from their highest court," Warren added. "We need binding ethics rules for SCOTUS now."
"Our freedom to make decisions about our lives, bodies, and futures is at stake," said the head of Planned Parenthood, which supports the legislation. "Everything is on the line: abortion rights, voting rights, LGBTQ+ rights, our democratic institutions, and our bodily autonomy."
Citing a "crisis of legitimacy" they say is plaguing the U.S. Supreme Court, a group of congressional Democrats on Tuesday reintroduced legislation aimed at thwarting Republican attacks on democracy by expanding the nation's top court from nine to 13 justices.
Sens. Ed Markey (D-Mass.), Tina Smith (D-Minn.), and Elizabeth Warren (D-Mass.), and Reps. Jerrold Nadler (D-N.Y.), Hank Johnson (D-Ga.), Cori Bush (D-Mo.), and Adam Schiff (D-Calif.) reintroduced the Judiciary Act outside the Supreme Court in Washington, D.C., where they held a press conference.
"The nation's highest court today faces a crisis of legitimacy that began when Senate Republicans first abandoned norms and precedent to block the confirmation of then-President [Barack] Obama's Supreme Court nominee, Merrick Garland, only to later ram through the confirmation of Amy Coney Barrett a mere 10 days before Election Day 2020, and while millions of Americans were already casting ballots," the lawmakers said in a statement.
"The stolen, far-right Supreme Court majority has since ruled to destroy 50 years of settled precedent by rolling back the fundamental right to abortion care in Dobbs v. Jackson Women's Health Organization and has become the subject of scandal, including new and resurfaced reports of Justice Clarence Thomas' failure to disclose gifts provided to him by billionaire Republican donor Harlan Crow and his spouse's more than $680,000 in unreported income from the conservative think tank, the Heritage Foundation," the statement noted.
Markey contended that "Republicans have hijacked the confirmation process and stolen the Supreme Court majority—all to appeal to far-right judicial activists who for years have wanted to wield the gavel to roll back fundamental rights."
"Each scandal uncovered, each norm broken, each precedent-shattering ruling delivered is a reminder that we must restore justice and balance to the rogue, radical Supreme Court," he argued. "It is time we expand the court."
Johnson said that "it's easy to take for granted that the number of justices on the Supreme Court must be nine. But it is not written in the Constitution and has changed seven times over the course of our nation's history."
"Thirteen justices would mean one justice per circuit court of appeals, consistent with how the number of justices was originally determined, so each justice can oversee one circuit," Johnson added.
Bush asserted that "the Supreme Court is a cesspool of corruption devastating our communities. Because of the decisions made by an unethical and illegitimate majority, my constituents are unable to access abortion care, have weaker labor protections, are more vulnerable to voter suppression, and are subjected to a racist legal system."
"As lawmakers, we have a mandate to ensure our rights are not stripped away by bought-and-paid-for judges trying to implement a fascist agenda," she added. "I'm proud to lead on the reintroduction of the Judiciary Act, which would expand the court and help us reclaim our democracy once and for all."
The bill's sponsors were joined at Tuesday's press conference by leaders of advocacy groups backing the bill, including Planned Parenthood Federation of America, NARAL Pro-Choice America, League of Conservation Voters, Demand Justice, and Stand Up America.
"The Supreme Court is facing a legitimacy crisis. In recent years, right-wing justices on the court have disregarded long-standing precedent and undermined Americans' fundamental freedoms," Sean Eldridge, founder and president of the advocacy group Stand Up America, said in a statement. "Now, reported ethics violations by conservative justices have raised serious questions about the Supreme Court's ability to impartially administer justice. It's no wonder 6 in 10 Americans say they don't have confidence in the Supreme Court."
"The American people need bold action to protect our freedoms and the legitimacy of the Supreme Court," he continued. "Sen. Markey and Rep. Johnson have heeded the call by reintroducing the Judiciary Act. This urgently needed legislation would rebalance the court to protect our fundamental freedoms and uphold long-standing precedents."
Planned Parenthood Federation of America president and CEO Alexis McGill Johnson warned that "our freedom to make decisions about our lives, bodies, and futures is at stake. Everything is on the line: abortion rights, voting rights, LGBTQ+ rights, our democratic institutions, and our bodily autonomy."
"Our courts should function as the backstop to protecting and advancing our rights, but have, instead, been misused by people pushing deeply unpopular agendas to implement their dangerous endgame," McGill Johnson said. "Planned Parenthood Federation of America is proud to endorse this legislation and we are committed to standing shoulder to shoulder with our partners to achieve bold changes to our courts, and fight for real justice for all people."