Supreme Court corruption undermines American justice, democracy

The Supreme Court is supposed to beat in the heart of our democracy as a beacon of justice. Our Founding Fathers designed the Court as a place to interpret the law of the land with wisdom and impartiality. The 2024 SCOTUS however has given us a different reality. Today we face a supermajority that is threatening to upend the principles of check and balances, destroy the promotion of general welfare, and remove the security for our blessings of liberty. This is a very worrying time for our democracy and this one-sided concentration of judicial power threatens the fabric of America.

For instance, the recent decision to overturn the Chevron deference — a doctrine that gave federal agencies the ability to interpret cryptic legislation — is a sign of a dramatic reduction in regulatory power of executive agencies. By stepping into that role, SCOTUS has not only disrupted the balance of power but has also shackled the ability of federal agencies to address complex and evolving issues, which hurts environmental regulations and consumer protections.

The promotion of the general welfare is a foundational preamble in the Preamble of the Constitution. Yet, the Court’s decisions are becoming increasingly aligned with right-wing ideologies instead of the American public’s general interest. The decision of City of Grants Pass v. Johnson resulted in a ruling that allows for the criminalization of homelessness, further embodying this trend. These decisions are not addressing the root cause of society’s issues and are instead persecuting the most vulnerable, amplifying inequalities and undermining the promotion of general welfare.

Liberty is the core block of American values, but it too is under threat. When the Court overturned Roe v. Wade in 2022 it unlocked following restrictions of reproductive rights at the state level, encroaching on personal freedoms. These decisions do not represent reversals in “outdated ideas” but instead show a broader ideological movement to diminish rights that the majority of America sees as fundamental. When the highest court in the land undermines constitutional liberties, it sets a dangerous example for future removal of personal freedoms.

What’s more, the Court’s decision to grant former President Donald Trump immunity for certain actions taken while in office continues to show how judicial decisions can curve towards protecting powerful and elite individuals over the rule of law. This not only lessens accountability, it tears down trust in the Court as an impartial upholder of the Constitution.

Adding to these concerns is the issue of justices receiving significant gifts, an act that can be seen as a sly form of corruption. Reports have revealed that some justices have accepted hundreds of thousands of dollars in gifts, some even from members associated with parties in cases they were overseeing. This has raised some serious questions about the impartiality and integrity of these recipient judges. These undue influential acts have undermined public trust in the Court and its ability to function as unbiased.

What was the Court’s answer to this information when it surfaced? They released a statement that announced the justices would be establishing their own code of ethics without any oversight or information on what those ethics would be. This move to self-regulate is just as nonsensical as Congress’ ability to set their own code of ethics and salaries. Where are the checks and balances?

History provides a cautionary tale in the form of the Enabling Act of 1933 in Germany. This act gave Adolf Hitler and his party the power to enact laws without the vote of the Reichstag, effectively abolishing the checks and balances meant to limit individual power. That concentration of power led to the elimination of democracy, the persecution and imprisonment of vocal opponents, concentration camps where many lost their lives, and World War 2. The Enabling Act in and of itself is not too different from our Court’s decision to give the president immunity in acts they deem necessary to their office and the upholding of the Constitution.

The Court’s decision of presidential immunity plus Donald Trump’s and the Freedom Caucus (or MAGA movement’s) rhetoric and actions bear a chilling resemblance to this historical precedent. Project 2025, a political map for the MAGA movement if they gain control in the Executive and both Legislative branches this November, follows a similar path to that of the Nazi Party in Germany after the passing of the Enabling Act. Trump’s persistent attacks on the courts, efforts to undermine democratic institutions, and attempts to wield unchecked power all echo the dangerous path Germany took in the 1930’s.

This is not a problem we cannot fix however. The biggest difference you can make is voting for candidates who promote democracy and will fight to protect individual liberties, while at the same time hold others in check when they abuse their power. To address the corruption and restore integrity in the Supreme Court, we must take decisive action. The justices who received gifts from people associated with active cases in the high court must be impeached for their unethical behavior. It is also well past time that we add more seats to the court, diluting the influence of any one ideological bloc and promoting a diversity of views on the bench.

We also must implement measures that limit the partisanship of justices entirely. This can be done by setting term limits instead of lifetime appointments. Also, giving Congress oversight of the Court’s ethics and the Court oversight of Congress’ ethics will help to reinstate a stronger system of checks and balances and uphold members in both branches to the highest standards.

The current trajectory of the Supreme Court’s supermajority represents a grave threat to our democracy, the general welfare, our blessings of liberty, and the integrity of these here United States. The unchecked power of the judiciary, combined with ethical failures, undermine the very fabric of our nation’s democratic principles. It is imperative for our democracy’s health that we restore a sense of balance and accountability to our government. Only by doing so can we ensure that it is a government by the people, for ALL the people.

I will close by saying that the actions of the Supreme Court’s supermajority and the ethical failures by some of its members are a call to action for all citizens and lawmakers. We must demand a government that is balanced, fair, and true to the democratic ideals that define our nation. Without decisive action, we will follow the same path that destroyed other fallen democracies.

Justice is the foundation, democracy is the dream — protect them both.

Willard Harris lives in Springfield.

This article originally appeared on Springfield News-Leader: Willard Harris: Supreme Court must be reformed, expanded