Thank you, Ms Wehle, for joining the Brennan Center discussion and for providing the important assessments which you have during the discussion and here.
Your concluding remarks establish an important fact of our constitutional self-governance, the constitutional fact that we have formally agreed that each of us has "...agency that for generations Americans who came before us fought so hard for...", political agency to determine the direction of governance, the policies and procedures of our political living together, with equal responsibility and equal protection to do so.
Frequently I offer my questions and assessments to my elected officials [and other public officials]. I will share this article and the Brennan Center review discussion with them.
The upcoming 2026 election cycle is a crucial opportunity for Americans to re-people the Congress and Senate to the extent that the legislative branch can resume its responsible tasks and its other constitutional function within the scope of separate but effectively empowered branch of governance, the branch most directly under the political control [oversight, involvement, remedial action] of us, the people. Actively learning about and sounding out potential candidates and formally announced candidates is our crucial responsibility, along with the responsibility to factually and with some personal detail offer summaries and crucial elements of future legislation. We can inform them in ways they cannot inform themselves of the facts of being part of America's working people and equal in all civil political respects in shaping American governance.
I would direct some of our attention to efforts such as, https://www.kaine.senate.gov/press-releases/kaine-colleagues-introduce-bill-to-require-supreme-court-to-adopt-binding-and-enforceable-code-of-ethics , May 30 2025 - Kaine, Colleagues Introduce Bill to Require Supreme Court to Adopt Binding and Enforceable Code of Ethics. Decades ago, I tried to hold some local elected representatives in contempt of their formal duties. The attorneys in the area took interest, and they made it clear to me that, at that time, elected and many appointed officials were in only few ways accountable to the people. I prepared a careful, factually and legally supported draft showing willful negligence, and presented it publicly. Not anyone reproached me, but while not anyone joined me in working it into a formal legal action, the transparency which it afforded many others among the participating public used it to leverage change in the way the public officials then worked on the policy issue. The policy outcomes finally achieved aligned much more with the public interests involved and proved to be useful public policy to this day.
Accountability is something we must have with respect to the conduct of the Justices and with respect to their adherence to the Constitution, to its interpretation, to our agency as a self-governing people. Decisions such as Trump v. Wilcox make it clearly necessary that we create durable and constitutional tools for ourselves to effectively effect and enforce constitutionally responsible review by the Court. Likewise in re to the other Court cases reviewed in the Brennan Center discussion.
As you note here and as the Brennan Center panel discussion made apparent:
"In this term, the far-right majority on the Supreme Court has made rulings that show that they are a threat to the rule of law.
Cecilia Wong reminded us to 'use whatever tools you have at your disposal to make your voice heard because Supreme Court litigation is just a small piece of our overall strategies in the civil rights movement.'
Joyce Vance encouraged us to use our voice to be the 'counterbalance that the judiciary needs if push comes to shove to hold the executive branch in line.' The government will react to public outcry, like in the case of lack of due process for Kilmar Ábrego García, who is now home. 'You have a say in the future of the country if you are willing to exercise your voice.'
I encourage everyone to open their eyes to the reality that we are in a moment where not just the executive branch but the Supreme Court is a potential threat to the rule of law."
We have to learn to better assert our constitutional agency and to do so very consciously and conscientiously.
Thank you, Ms Wehle, for joining the Brennan Center discussion and for providing the important assessments which you have during the discussion and here.
Your concluding remarks establish an important fact of our constitutional self-governance, the constitutional fact that we have formally agreed that each of us has "...agency that for generations Americans who came before us fought so hard for...", political agency to determine the direction of governance, the policies and procedures of our political living together, with equal responsibility and equal protection to do so.
Frequently I offer my questions and assessments to my elected officials [and other public officials]. I will share this article and the Brennan Center review discussion with them.
The upcoming 2026 election cycle is a crucial opportunity for Americans to re-people the Congress and Senate to the extent that the legislative branch can resume its responsible tasks and its other constitutional function within the scope of separate but effectively empowered branch of governance, the branch most directly under the political control [oversight, involvement, remedial action] of us, the people. Actively learning about and sounding out potential candidates and formally announced candidates is our crucial responsibility, along with the responsibility to factually and with some personal detail offer summaries and crucial elements of future legislation. We can inform them in ways they cannot inform themselves of the facts of being part of America's working people and equal in all civil political respects in shaping American governance.
I would direct some of our attention to efforts such as, https://www.kaine.senate.gov/press-releases/kaine-colleagues-introduce-bill-to-require-supreme-court-to-adopt-binding-and-enforceable-code-of-ethics , May 30 2025 - Kaine, Colleagues Introduce Bill to Require Supreme Court to Adopt Binding and Enforceable Code of Ethics. Decades ago, I tried to hold some local elected representatives in contempt of their formal duties. The attorneys in the area took interest, and they made it clear to me that, at that time, elected and many appointed officials were in only few ways accountable to the people. I prepared a careful, factually and legally supported draft showing willful negligence, and presented it publicly. Not anyone reproached me, but while not anyone joined me in working it into a formal legal action, the transparency which it afforded many others among the participating public used it to leverage change in the way the public officials then worked on the policy issue. The policy outcomes finally achieved aligned much more with the public interests involved and proved to be useful public policy to this day.
Accountability is something we must have with respect to the conduct of the Justices and with respect to their adherence to the Constitution, to its interpretation, to our agency as a self-governing people. Decisions such as Trump v. Wilcox make it clearly necessary that we create durable and constitutional tools for ourselves to effectively effect and enforce constitutionally responsible review by the Court. Likewise in re to the other Court cases reviewed in the Brennan Center discussion.
As you note here and as the Brennan Center panel discussion made apparent:
"In this term, the far-right majority on the Supreme Court has made rulings that show that they are a threat to the rule of law.
Cecilia Wong reminded us to 'use whatever tools you have at your disposal to make your voice heard because Supreme Court litigation is just a small piece of our overall strategies in the civil rights movement.'
Joyce Vance encouraged us to use our voice to be the 'counterbalance that the judiciary needs if push comes to shove to hold the executive branch in line.' The government will react to public outcry, like in the case of lack of due process for Kilmar Ábrego García, who is now home. 'You have a say in the future of the country if you are willing to exercise your voice.'
I encourage everyone to open their eyes to the reality that we are in a moment where not just the executive branch but the Supreme Court is a potential threat to the rule of law."
We have to learn to better assert our constitutional agency and to do so very consciously and conscientiously.