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Our justice system needs control

Our system of government relies on a set of checks and balances. These checks and balances help correct harmful government actions. The judicial branch corrects many of the actions of the legislature and/or the executive branch. In the justice system, higher courts often correct decisions made by lower courts. However, there is no mechanism for correcting Supreme Court rulings.

Supreme Court justices are appointed for life, so waiting for a judge to leave the court is not a practical way to correct a bad ruling. It would be possible to check the Supreme Court by dismissing certain judges, but this is also not very practical, but time-consuming. A better way to check erroneous Supreme Court rulings would be to allow the legislative branch to work together with the executive branch to overturn a bad Supreme Court ruling. This effectively allows two branches of government to correct the third branch (2 to 1). This could simply result in both the House and Senate passing a bill to overturn a particular decision. I suggest that this should be achieved by a majority of one vote in each house, rather than requiring a super-majority. The bill would then be approved by the President. The Supreme Court’s ruling at issue would be immediately overturned.

This additional scrutiny is needed today because previous presidents were able to stack the court with judges with distinct political views. It can be argued that such packed courts are not representative of our population. This provision would make it possible to almost immediately negate poor Supreme Court rulings that do not reflect the position of the American public.

For this process to materialize, it would be necessary to change the Constitution. Taking into account the clear national reaction to the decision on abortion, I assume that such an amendment would meet with the approval of the majority of society. If the proposed SCOTUS overturning process became law, it would not be necessary to amend the Constitution to allow abortion, which might be more acceptable to many citizens.