There’s no law to govern what to do with a justice who is a vegetable, or who otherwise can’t perform her duties. It is a problem with the system. Office for life is mandated in the Constitution, so it can’t be changed by Congress. And life means alive and breathing, not sentient. Congress can adjust the number of justices if it wanted to, but the notion of doing anything through Congress ended with democrats taking over the House. Ryan wouldn’t have helped out, either.
A good reform would be to pass a law that says the President can add a justice to the court whenever a justice is brain dead, has dementia, is bedridden or otherwise physically or mentally able to perform the stringent duties of the office. Would be tricky writing the law to require an objective standard, but it could be done. The court itself would have to be proactive to prevent a demented justice’s clerks from voting for her. They can’t kick the justice off the court, but they can decline to accept the vote of that justice unless the justice can attend their conferences by themselves and state to their fellow justices how they are voting on a case. No phoning it in.
” .... but they can decline to accept the vote of that justice unless the justice can attend their conferences by themselves and state to their fellow justices how they are voting on a case. No phoning it in. “
Yes, & it’s Past Time.
If we eliminated the brain dead or justices with dementia the whole liberal side would be gone. Isn’t that a pleasant thought? Made me smile.
At the time the Constitution was written who could have imagined anyone kept on life support.