During remarks on the Senate floor Tuesday, Sen. Dick Durbin (D-IL) spoke about Trump Administration's oppositions to federal court rulings.
Fuel your success with Forbes. Gain unlimited access to premium journalism, including breaking news, groundbreaking in-depth reported stories, daily digests and more. Plus, members get a front-row seat at members-only events with leading thinkers and doers, access to premium video that can help you get ahead, an ad-light experience, early access to select products including NFT drops and more:
https://account.forbes.com/membership/?utm_source=youtube&utm_medium=display&utm_campaign=growth_non-sub_paid_subscribe_ytdescript
Stay Connected
Forbes on Facebook: http://fb.com/forbes
Forbes Video on Twitter: http://www.twitter.com/forbes
Forbes Video on Instagram: http://instagram.com/forbes
More From Forbes: http://forbes.com
Fuel your success with Forbes. Gain unlimited access to premium journalism, including breaking news, groundbreaking in-depth reported stories, daily digests and more. Plus, members get a front-row seat at members-only events with leading thinkers and doers, access to premium video that can help you get ahead, an ad-light experience, early access to select products including NFT drops and more:
https://account.forbes.com/membership/?utm_source=youtube&utm_medium=display&utm_campaign=growth_non-sub_paid_subscribe_ytdescript
Stay Connected
Forbes on Facebook: http://fb.com/forbes
Forbes Video on Twitter: http://www.twitter.com/forbes
Forbes Video on Instagram: http://instagram.com/forbes
More From Forbes: http://forbes.com
Category
🗞
NewsTranscript
00:00I recognize the senator from Illinois.
00:03Mr. President, today stands out as a critical moment for the country, the Supreme Court
00:09and the Constitution.
00:11In recent weeks, Trump administration officials and allies have made statements and engaged
00:17in troubling conduct that threaten judicial independence and our very system of government.
00:24Elon Musk, a senior advisor to President Trump, has repeatedly called for the impeachment
00:31of federal judges whose decisions he disagrees with, and he's questioned the lifetime appointment
00:37of federal judges that is enshrined in Article III of our Constitution.
00:43In a social media post, Vice President J.D. Vance falsely asserted that, quote, judges
00:50aren't allowed to control the executive's legitimate power, end of quote.
00:56This is merely the latest in a long line of claims by the vice president that a president
01:02of the United States can defy the orders of the court.
01:06In 2021, Mr. Vance went so far as to say he would suggest to President Trump that, quote,
01:12when the court stops you, stand before the country like Andrew Jackson did and say the
01:17chief justice has made his ruling, now let him enforce it.
01:22This was an obvious reference to the apocryphal story about President Andrew Jackson, suggesting
01:28he would defy the Supreme Court ruling.
01:31And President Donald Trump himself recently posted, and I quote, he who saves his country
01:38does not violate any law.
01:41Let me repeat that post, personal post by the president.
01:45He who saves his country does not violate any law.
01:50Mr. President, those ten words are a rationale for tyranny and are an assault on our Constitution.
01:58This disregard for judicial review has not been limited to words alone.
02:02In multiple cases, administration officials have dragged their feet or failed to comply
02:07with federal court orders.
02:09The administration has also nominated individuals to senior positions at the Department of Justice.
02:16Who seem to have little regard for separation of powers.
02:20One Trump nominee recently testified before the Senate Judiciary Committee and said, and
02:25I quote, there is no hard and fast rule about whether in every instance a public official
02:32is bound by a court decision, end of quote.
02:37Fortunately, my colleague Republican Senator John Kennedy of Louisiana admonished this
02:42nominee and he said, and I quote, don't ever take the position that you're not going to
02:47follow the order of the court, ever.
02:51Now you can disagree with it within the bounds of legal ethics.
02:54You can criticize it, you can appeal it, or you can resign, end of quote.
03:00And it's only the executive, it's not, isn't only the executive branch that has threatened
03:04the independence of the judiciary.
03:07In the past month, three members of the House of Representatives have introduced articles
03:12of impeachment against federal judges.
03:15For no reason other than they ruled against this administration.
03:19These actions and comments constitute a clear and present danger to the separation of powers
03:24and our Constitution.
03:27Instead of favorably quoting the apocryphal words of Andrew Jackson, our political leaders
03:32and their allies should reference the words of Chief Justice Marshall in Marbury v. Madison,
03:38an 1803 decision.
03:40As we all learned in law school, Judge Marshall said, and I quote, it is emphatically the
03:46province and duty of the judicial department to say what the law is, end of quote.
03:53There has been a broad bipartisan consensus on that point for more than two centuries
03:57when it comes to interpreting and applying the law.
04:00The judiciary has the final word.
04:04Last week on this floor, I tried to pass a Senate resolution simply affirming the rule
04:10of law and finality of judicial review.
04:14I thought and hoped every senator would support it.
04:18Regrettably, a Republican senator objected, and the Senate missed an opportunity to say
04:23with one voice that we support the Constitution and judicial branch.
04:29Thankfully, the judicial branch has demonstrated its independence even without the support
04:35of the other branches of government.
04:37Judges have carefully considered the cases before them and in some cases provided a check
04:42on the administration when it overstepped.
04:44For that, I commend the judiciary.
04:47Alexander Hamilton called the Article III judiciary, the courts, quote, the least dangerous
04:53branch, close quote, because it has neither soldiers nor money to enforce its decrees.
04:59That's why the court's legitimacy in the eyes of the American people is so critical to its
05:04continued vitality, and that's why I continue to support an enforceable code of conduct
05:09for the Supreme Court.
05:11Recent efforts by the Trump administration and its allies to intimidate and impeach federal
05:15judges have been based on those judges' decisions and the president who appointed them.
05:21In contrast, an enforceable code of conduct would apply to all justices equally, no matter
05:27who appointed them and no matter how they rule on a particular matter.
05:31I first proposed that the court adopt an enforceable code of conduct 13 years ago in 2012, prior
05:39to the existence of the court's current conservative supermajority and prior to many of its controversial
05:44decisions.
05:45The fact that many sitting justices have publicly endorsed an enforceable code of conduct underscores
05:51that it does not pose a threat to the independence of the judicial branch.
05:55An enforceable code of conduct would bolster public confidence in the judicial branch,
06:00and by ensuring that judiciary is held in high regard, we can ensure that the so-called
06:04least dangerous branch of government maintains a position of strength now and in the future.
06:09Mr. President, I yield the floor.