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Court Smacking

Rodney Clough
8 min readAug 9, 2024

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“The last liberal court”: a picture of the Burger Court, taken in 1976. Photo courtesy fineartamerica. com

The U.S. Supreme Court is in summer recess. Time to reflect on its footing with the American public.

As a chronicler of Supreme Court issues in the public space, like others, I am witness to an appalling lack of trust in this institution as defender of the Constitution. Part of this mistrust is of a partisan nature to be sure, — how could it not be — and part of this mistrust revolves around accountability of the court.

I am not alone. (1)

There is a story one could tell about how accountability for the Court has gradually eroded, and how the real goal of any President, Democrat or Republican, should be restoring the institution’s real and perceived accountability — for the Court’s sake as much as for the country’s…

— Stephen Vladeck (2)

A change in the composition of the Supreme Court derives from either vacancy of office by a justice, due to retirement or death — justices are appointed for “life tenure” — and by removal from office by impeachment. Justices have retired; justices have died while holding office. Only one Supreme Court justice has been impeached by Congress.

In 1804 the House voted to impeach Justice Samuel Chase on charges of sedition,

“… Chase was a fervent partisan of the former President, John Adams. He had angered the newly empowered…

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Rodney Clough
Rodney Clough

Written by Rodney Clough

Refuses to nap. Septuagenarian. Cliche’ raker. Writes weekly.

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