Medicare Blog

trump wants supreme court justice who thinks social security & medicare is unconstitutional

by Winston Stamm DDS Published 2 years ago Updated 1 year ago
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Can Biden fire the Trump appointees running social security?

A new Supreme Court ruling could clear the way for President Joe Biden to fire the Donald Trump appointees running the Social Security Administration.

How do Trump's three Supreme Court appointees differ from each other?

(CNN) The three appointees of former President Donald Trump have together sealed the Supreme Court's conservatism for a generation, but they have revealed strikingly different methods. They diverge in their regard for practical consequences, their desire to lay down markers for future disputes and their show of internal rivalries.

What is the Social Security Administration doing to help the disabled?

Under Saul, the Social Security Administration sought to achieve longtime Republican goals of cutting enrollment in disability programs for workers and the poor. The agency promulgated tighter eligibility rules and tried to increase reviews of disability claimants who were already approved for benefits.

Which Supreme Court Justices agree the most with each other?

Overall in the recently completed session, Gorsuch agreed most with Thomas, 73% in full and 87% in part, according to SCOTUSblog annual statistics. Meanwhile, Kavanaugh and Barrett had one of the highest rates of agreement in cases: 75% in full and 91% in part.

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Did the Supreme Court rule on social security?

Again, Cardozo wrote the majority in a 7-2 decision, upholding the Social Security Act as a proper use of the spending power for the “general welfare”— and in this case, Justice George Sutherland did not dissent.

Is Social Security constitutional?

The constitutional basis of the Social Security Act was uncertain. The basic problem is that under the "reserve clause" of the Constitution (the 10th Amendment) powers not specifically granted to the federal government are reserved for the States or the people.

What can Congress do if they disagree with a judicial ruling?

Congress can pass legislation to attempt to limit the Court's power: by changing the Court's jurisdiction; by modifying the impact of a Court decision after it has been made; or by amending the Constitution in relation to the Court.

How did the Supreme Court gain the power of judicial review?

The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).

Which president took money from Social Security?

President Lyndon B. Johnson1.STATEMENT BY THE PRESIDENT UPON MAKING PUBLIC THE REPORT OF THE PRESIDENT'S COUNCIL ON AGING--FEBRUARY 9, 19646.REMARKS WITH PRESIDENT TRUMAN AT THE SIGNING IN INDEPENDENCE OF THE MEDICARE BILL--JULY 30, 196515 more rows

Can the president remove Social Security?

The President may remove the Commissioner of Social Security at will notwithstanding the statutory limitation on removal in 42 U.S.C. § 902(a)(3). The conclusion that the removal restriction is constitutionally unenforceable does not affect the validity of the remainder of the statute.

Does the President have power over the Supreme Court?

The Supreme Court of the United States All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases.

Can the President fire a Supreme Court Justice?

The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.

Can a Supreme Court decision be overturned by the President?

When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.

Who controls the Supreme Court?

Section 1 establishes the Supreme Court of the United States. It gives Congress the power to organize the Supreme Court and to establish lower courts. It also states that justices can serve on the court for as long as they maintain "good Behaviour," and that the justices should be compensated for their service.

Did Marbury v Madison go straight to the Supreme Court?

That law, Section 13 of the Judiciary Act of 1789, said the Court had “original jurisdiction” in a case like Marbury—in other words, Marbury was able to bring his lawsuit directly to the Supreme Court instead of first going through lower courts.

Is the decision of Marbury v Madison in keeping with the intent of the Constitution for the role of the judiciary?

Marbury v. Madison is important because it established the power of judicial review for the U.S. Supreme Court and lower federal courts with respect to the Constitution and eventually for parallel state courts with respect to state constitutions.

Gorsuch's textualism and taunting

Gorsuch, who joined the bench in April 2017, has the clearest record of the three. He is known for his textualist approach, which relies on the words of a statute rather than legislative history and other societal context. Gorsuch also has argued most vigorously for greater presidential authority and control over regulatory agencies.

Kavanaugh's dual tracks

Kavanaugh, 56, grew up just outside of Washington, DC, in suburban Maryland.

Barrett's first term

In her early months on the bench, Barrett wrote less than colleagues and kept her cards close. The 49-year-old native of New Orleans took her seat in late October, missing the first 10 case arguments of the 2020-21 term.

Who fired the Social Security Commissioner?

Biden has resisted calls from prominent Democrats on Capitol Hill to fire Social Security Commissioner Andrew Saul, at least partly because federal law says the commissioner can only be fired ...

Will Biden fire Saul?

The White House did not immediately respond to a request for comment. Saul’s detractors said Wednesday’s ruling made it clear Biden could fire Saul, whose term would end in 2025. “The Supreme Court reiterated today what we have long known, there is nothing stopping President Biden from removing the current Commissioner of Social Security Andrew ...

Who was the final speaker at the Supreme Court?

Pence was the final major speaker at the daylong conference, and the audience may have been tired. But the reaction may also be more evidence that social conservative voters are disappointed to date over what many may feel is a failure to deliver by the three Supreme Court justices named to the high court by then-President Trump.

Did the Supreme Court scuttle Obamacare?

During the just-concluded Supreme Court session, some key rulings didn’t sit well with conservatives. Among those opinions: The high court didn't scuttle the Affordable Care Act, better known to many Americans as ObamaCare, which has been a longtime goal GOP goal.

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