Rob: Well, you've kind of put in words what I've been feeling about the Supreme Court, that it's an evil entity that is -- it appointed George Bush president basically in 2000 and it...
Thom: And it did not have the power to do it.
Rob: ...destroying this country and democracy really.
Thom: Yes. Yes, and they should have been impeach for that. And Congress had the power to impeach them for that by the way. The power to impeach the Supreme Court is also in Article 3. In fact, Article 3 starts out saying that the Supreme Court justices shall serve during good behavior. So Congress can decide what is bad behavior. They can impeach them for things other than treason. They can impeach them simply for bad behavior. Now not living up to the current judicial ethics which says that, "You will not go duck hunting with Dick Chaney and then decide a case in his favor a week later," frankly, in my opinion, qualifies as bad behavior. Scalia does that and just thumbs his nose at us.
Rob: How many of the member so the Supreme Court you think have engaged in impeachable offenses?
Thom: Well clearly, as least two, Scalia and Thomas. The obvious examples are Scalia with Dick Chaney and Bush V. Gore and Thomas with Bush V. Gore and the fact that his wife is working on many of the cases that came before the court. I would suggest that Roberts in Citizens United engaged in questionable behavior. I'm not sure you could nail it. Alito has just gone along; there's been no discernible personal gain to him for these things. Kennedy is the swing vote and he seems to have been dragged into this by Thomas, by getting them in all this very fundamentalist Catholic Church here in DC. All 5 of them are Catholic; Thomas converted to Catholicism. So it's like these 5 judges, I don't have anything against Catholics but I think my frank opinion is that Thomas has used Kennedy's Catholicism as a way to swing him because Kennedy was fairly liberal before Thomas got on the court; now he's always voting with Thomas. He's an old man too. He's probably going to be the next one to retire which means that the next president will replace the swing vote on the Supreme Court which means that if a Republican wins, then the court is going to go even further right and democracy is really screwed.
Rob: Yeah. So you use to know that there were words about justice? Where is it? I have it in my notes here somewhere. Worry about...
Thom: Judicial Review and Judicial Supremacy, is that it?
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