WASHINGTON – In a speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, spoke about Trump Administration officials engaging in troubling conduct that threatens judicial independence and our system of government. Durbin noted that Elon Musk, a senior advisor to the President, has repeatedly called for the impeachment of federal judges and questioned the lifetime appointment of federal judges that is enshrined in Article III of our Constitution. In a social media post, Vice President Vance falsely asserted that, “judges aren’t allowed to control the executive’s legitimate power.” This is merely the latest in a long line of claims by the Vice President that a president can defy court orders.
Durbin said, “President Trump himself recently posted, ‘He who saves his Country does not violate any Law.’ Those ten words are a rationale for tyranny and are an assault on our Constitution. This disregard for judicial review has not been limited to words alone. In multiple cases, Administration officials have dragged their feet or failed to comply with federal court orders.”
The Trump Administration has also nominated individuals to senior positions at the Department of Justice who seem to have little regard for the separation of powers. One nominee recently testified before the Senate Judiciary Committee and said, “there is no hard and fast rule about whether, in every instance, a public official is bound by a court decision.” Senator John Kennedy (R-LA) admonished this nominee and said, “Don’t ever, ever take the position that you’re not going to follow the order of a federal court. Ever. Now, you can disagree with it, within the bounds of legal ethics, you can criticize it, you can appeal it, or you can resign.”
“It isn’t only the executive branch that has threatened the independence of the judiciary. In the past month, three members of the House of Representatives have introduced articles of impeachment against federal judges—for no reason other than that they ruled against the Administration. These actions and comments constitute a clear and present danger to the separation of powers and our Constitution,” Durbin continued.
Last week, Durbin asked unanimous consent (UC) to pass a resolution that simply affirmed that the Constitution vests the judicial power in the federal courts. It would have affirmed that both the Constitution and established precedent require the executive branch to comply with all federal court rulings. U.S. Senator Chuck Grassley (R-IA) objected to Durbin’s unanimous consent request. Durbin was joined on the Senate floor by Democratic members of the Senate Judiciary Committee who spoke in support of his resolution.
Durbin continued, “There has been a broad, bipartisan consensus for more than two centuries when it comes to interpreting and applying the law. The judiciary has the final word. Last week on this floor, I tried to pass a Senate resolution simply affirming the rule of law and finality of judicial review. I thought and hoped every senator would support it. Regrettably, a Republican senator objected. And the Senate missed an opportunity to say with one voice that we support the Constitution and judicial branch.”
“Thankfully, the judicial branch has demonstrated its independence even without the support of the other branches of government. Judges have carefully considered the cases before them and, in some cases, provided a check on the Administration when it has overstepped. For that, I commend the judiciary,” Durbin said.
Durbin then called for an enforceable code of conduct for the Supreme Court. Durbin first proposed that the Court adopt an enforceable code of conduct in 2012, prior to the existence of the Court’s current conservative supermajority and prior to many of its recent controversial decisions.
“Recent efforts by the Trump Administration and its allies to intimidate and impeach federal judges have been based on those judges’ decisions and the President who appointed them. In contrast, an enforceable code of conduct would apply to all justices equally, no matter who appointed them and no matter how they rule in a particular matter,” Durbin said. “An enforceable code of conduct would bolster public confidence in the judicial branch.”
Video of Durbin’s remarks on the floor is available here.
Audio of Durbin’s remarks on the floor is available here.
Footage of Durbin’s remarks on the floor is available here for TV Stations.
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