The U.S. Supreme Court is out of order

To begin today’s column, I’ve tried to find something light to say about the Supreme Court to balance the serious part. It’s been tough. I’ve tried. “Lift up their robes and what do you see? Briefs.”

That isn’t very funny, and neither is this. The Roberts court has dishonored the court’s history. It’s not so much the decisions, as bad as I often think they are. Justices arrive with a point of view that satisfied a partisan president. But over the court’s history, partisanship has not been absolute, inevitable, or beyond accommodation in determining the constitutionality of law.

The Roe v. Wade decision in 1973 became the law by a 7-2 vote, the majority included judges appointed by Franklin Roosevelt and Richard Nixon. A Republican delivered the majority opinion.

Those days are gone, thanks to Clarence Thomas and Samuel Alito. The two of them are a disgrace to the court and its history. Since 1789, there have been 146 justices. They came with partisan views which they didn’t give up, but they sought to rise above partisanship and most, I think, succeeded. They invoked precedent and the Constitution in a responsible, if differing, way.

There is another change. Spouses gave up public advocacy, or even just comment. A pillow talk whisper was fine; a shout in public was not. Ginni Thomas doesn’t seem to understand.

It’s interesting to look at the original affirming vote on Roe v. Wade. The Chief Justice, Warren Burger, was appointed by Richard Nixon, as was Harry Blackmun, who delivered the majority opinion. Among those joining them was William O. Douglas, a liberal appointed by Franklin Roosevelt. They were all honorable men.

That is not true today. Criticism of the Roberts court has long focused on Clarence Thomas, but now Samuel Alito has had to explain his free ride, and there is some criticism of Roberts himself.

Members of the legal profession are speaking out. Retired federal district judge Michael Ponsor, who spent decades on the bench is one. He is not alone. The Attorney General of Minnesota, Keith Ellison, urges term limits, strict rules, and for impeachment or removal of Thomas.

Ponsor says the current court “does not pass the smell test.”

He also quotes a cop on the beat. “The road to perdition starts with a free cup of coffee.” He would certainly tell us that judges don’t accept elegant plane rides, and vacations in exotic places. Having private school tuition for a relative is also out. I think Ponsor would also say It doesn’t have to be a bribe to be unacceptable.

Judge Ponsor is right. There is a stench from the bench.

Consider this: Clarence Thomas’ main benefactor is a Texas billionaire Harlan Crow, who dumps tons of dough on conservative causes.

One magazine has written:

“Thomas has accepted luxury travel virtually every year for decades, including international superyacht cruises and private jet flights around the world. Crow also paid money to Thomas and his relatives in an undisclosed real estate deal.”

Ellison is right. The time for strict regulation is now. The time for resignation is overdue.

Norman Sherman of Coralville has worked extensively in politics, including as Vice President Hubert Humphrey’s press secretary.