Q: President Trump was none too happy about the U.S. Supreme Court decision on tariffs, and made that very clear in public comments. Is this unusual, being that critical of the Supreme Court and expressing anger at specific justices?
D.R., Beverly Hills
Ron Sokol
A: The First Amendment’s freedom of expression is alive and well. It is not unusual for a U.S. president to express criticism of specific decisions made by the Supreme Court. The tone, nature and extent of the criticism, however, can vary.
For example, in the 1930s, the Supreme Court struck down several New Deal programs, which led President Franklin D. Roosevelt to not only criticize the rulings made, but also propose a court-packing plan. Years later, President Barack Obama criticized the Supreme Court decision in Citizens United v. FEC, while giving a State of the Union address, with some of the Supreme Court justices seated in front of him.
President Trump does not mince words. His view of the court’s recent ruling on tariffs has included remarks that the families of certain justices should be ashamed.
Bottom line, criticism of Supreme Court decisions is not unusual, but attacks that are ongoing, vitriolic and personal in nature are not the norm.
Q: How long are Supreme Court justices allowed to be on the court?
H.D., Huntington Beach
A: Under Article III of the United States Constitution, federal judges (which includes those on the United States Supreme Court) retain their job on the bench during “good behavior.” Historically, this has meant each Supreme Court justice serves for life, unless (a) he or she resigns, (b) retires, (c) is impeached and removed by Congress, or (d) dies. Only one Supreme Court justice has been impeached to date, back in 1804 (Samuel Chase: visitthecapitol.gov/artifact/us-v-samuel-chase-answer-samuel-chase-1805).
Q: How does someone get on the Supreme Court?
N.R., Rancho Palos Verdes
A: Under Article II of the U.S. Constitution, the president selects a nominee. The Senate Judiciary Committee takes up the nomination. This may then include investigation, review of the person’s history, public confirmation hearings and questioning the nominee under oath.
The committee, typically after hearings, will vote on whether the nomination will go to the full Senate. If so, the entire U.S. Senate debates and votes; a simply majority (51) is required for confirmation.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.