Behind the Democrats’ Efforts to Regulate the Supreme Court

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Legal experts say Democrats are trying to harass the conservative-leaning court as rulings don’t go their way.

Democrats’ push to impose a code of conduct on the U.S. Supreme Court is driven by their desire to exert power over a court that hasn’t been ruling their way on key issues, legal experts say.

Democrats and their left-wing activist allies have been incensed over the past two years as the court sent abortion matters back to the states, axed affirmative action in college admissions, bolstered gun rights and public prayer, backed a website designer’s right not to promote a same-sex wedding, and strengthened private property rights while weakening the government’s regulatory powers over the environment.

Several experts told The Epoch Times that the left cannot accept the conservative majority on the Supreme Court, so it will keep agitating against it and try to undermine its legitimacy in the eyes of the public.

So far, the activism has propelled the court to adopt its first-ever formal code of conduct, issued on Nov. 13, but Democrats say it’s a toothless gesture and won’t fix what they say is a court that’s overly sympathetic to business interests and conservative causes.

“The court’s new code of conduct falls far short of what we would expect from the highest court in the land,” Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) said.

“While the code of conduct prohibits the appearance of impropriety, it allows the justice to individually determine whether their own conduct creates such an appearance in the minds of ‘reasonable members of the public.’ This is something that justices have repeatedly failed to do over the last few years.”

To remedy the supposed crisis at the court, Mr. Durbin backs the proposed Supreme Court Ethics, Recusal, and Transparency (SCERT) Act of 2023, which his committee approved on a party-line vote in July.

The proposal, which Republicans have denounced as unconstitutional, would create a system allowing members of the public to file complaints against justices for violating the proposed code of conduct or for engaging “in conduct that undermines the integrity of the Supreme Court of the United States.”

By Matthew Vadum

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