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Majority of Americans Want Supreme Court Reform, Here’s How it Could Work

Two-thirds of Americans want court reform in the aftermath of the U.S. Supreme Court’s landmark Dobbs v. Jackson Women’s Health Organization decision, which overturned a half-century of abortion rights that were guaranteed under the 1973 Roe v. Wade ruling.

“We’re in somewhat uncharted territory here,” says Carolyn Shapiro, professor of law at ITT Chicago-Kent College of Law. “For the first time in a very long time, maybe ever, there is increasing public appetite for making changes to the court, like adding seats and/or imposing term limits.”

Public approval of the U.S. Supreme Court hit a new low last month, with disapproval of the high court hitting its highest mark since Gallup started keeping track in 2000.

The pollster found that 53% of people disapprove of the job the Supreme Court is doing. Forty percent of people polled describe the court as being “about right” ideologically, while 37% say the court is “too conservative.”

The results of the Gallup poll, conducted September 1-17, come about a year after 58% of Americans said they approved of the Supreme Court, and a couple of months after the high court struck Roe down.

Shapiro, who is also co-director of the Institute on the Supreme Court of the United States (ISCOTUS), a community of scholars who study the Supreme Court, says that in addition to the abortion decision, many Americans feel the current court, made up of six Republican appointees and three Democratic appointees, is not representative of the American people.

“That’s the case, even though the Republican presidential candidates have won the popular vote exactly once since 1988,” Shapiro says. “Donald Trump was president for four years and did not win a majority and got three nominations. President [Barack] Obama was president for eight years and had two majority popular votes and had two [Supreme Court] seats. That’s an argument in favor of term limits, because the idea of term limits is that … each president, in each term, would have the opportunity to appoint two justices.”

A Politico poll conducted in June found that 62% of respondents support term limits for justices, with 23% in opposition. Forty-five percent favor expanding the number of justices on the court, while 38% oppose the move. The Constitution gives Congress the authority to expand the Supreme Court, which lawmakers have done seven times in the past.

“Increasing the size of the court to change its policies is not unprecedented, but it hasn’t happened in more than 150 years,” says Lawrence Baum, a retired political science professor at The Ohio State University. “And there’s something to be said for leaving things as they are. But there’s also something to be said for giving the other branches the chance to address what they see as an imbalance.”

Fifty-three percent of people polled support balancing the court with equal numbers of Democrats, Republicans and independents, while 30% are against it.

“What we have is a real minority court in the sense of it not representing the vast majority of the way Americans have voted,” Shapiro says. “It is constitutional. I don’t want to suggest it’s illegitimate in that sense, but I think it’s deeply problematic for the court itself to be so disconnected from the democratic process.”

Both Shapiro and Baum support the idea of term limits for Supreme Court justices.

“It takes away this random element that causes some presidents who are luckier than others to have more opportunities to select members of the court,” Baum says. “It also reduces, somewhat, the chance that somebody will stay on the court beyond the time when they can be effective.”

Term limits could end the political gamesmanship in the U.S. Senate that prevented Obama from appointing a justice after the death of Justice Antonin Scalia in February 2016, while allowing Trump to successfully nominate Justice Amy Coney Barrett after the September 2020 death of Justice Ruth Bader Ginsberg.

“We won’t have strategic retirements where a nominee retires in order to get the particular president to give their particular president that nomination,” Shapiro says. “Eighteen-year term limits are the proposal I’m talking about. That would return the length of justices’ tenure to actually what it was for the first few hundred years.”

Last year, President Joe Biden appointed a panel of experts to explore possible Supreme Court reform. The commission recommended a new code of ethics and more court transparency but stopped short of endorsing term limits or expanding the court.

Even without high court reform, Baum says there are ways of reducing the impact of unpopular Supreme Court rulings.

“Supreme Court decisions often leave a lot of room for people to respond in different ways. Think about the Dobbs abortion decision. As it stands now, it gives states very broad freedoms as to what abortion policies to adopt,” Baum says.

“And so, states that are using Dobbs as a basis for basically prohibiting abortion are complying. States that decide they’re going to protect abortion even if the Supreme Court doesn’t, they’re complying also. And so states can often do a great deal that they want to do within the bounds of a Supreme Court decision.”
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US Politicians Condemn Political Violence Ahead of Tense Midterm Vote

Political violence has cast a pall over the U.S. midterm vote, with poll workers expecting high emotions at election venues and a recent, violent home invasion targeting House Speaker Nancy Pelosi. President Joe Biden and other top politicians have condemned the attack, which badly wounded Pelosi’s husband, Paul, and they are calling for an end to political violence as the election looms on Nov. 8. VOA’s Anita Powell reports from Washington.
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As Midterms Near, Political Ads Seize on Voters’ Fears about Crime

Crime statistics are notoriously hard to interpret. They’re often incomplete, out of date and ambiguous. But that hasn’t stopped candidates running in the midterms this year from cherry-picking data to score political points.

Take a Republican attack ad against Josh Riley, a Democrat running for a competitive congressional seat in upstate New York. The ad, sponsored by the Congressional Leadership Fund, a Republican super PAC, cites a New York Post article about “violent crime surging in New York.”

But the June 22 article is about rising violent crime in New York City — and five other U.S. cities — not New York state. The sprawling congressional district where Riley is running is located north of New York City and extends as far as the town of Preble, 363 kilometers north of Manhattan. Excluding New York City, state data show violent crime dropped by 13.1% from 2012 to 2021, the most recent period for which data is available.

This is not the only Republican ad that selectively highlights data to exploit voters’ fears about rising crime rates.

With crime emerging as a major concern among voters this election cycle, Republican candidates have reportedly spent tens of millions of dollars on ads blaming Democratic policies for rising violence in the country.

For their part, Democratic candidates have responded by touting their own law enforcement endorsements, sometimes featuring police officers in their ads, while accusing Republicans of fearmongering and “race-baiting.”

To critics, the fear-tinged ads on the air across the country recall an infamous episode of American politics from the 1980s.

In 1988, an ad in support of Republican Vice President George H. W. Bush’s presidential run accused his Democratic rival, Massachusetts Governor Michael Dukakis, of allowing “first-degree murderers to have weekend passes from prison.”

Showcased in the commercial was Willie Horton, an African American convicted of murder who during a weekend furlough stabbed a Maryland man and raped his girlfriend.

The ad, though it was pulled amid accusations of racist fearmongering, was credited with helping Bush get elected.

In the decades since, “Willie Horton” has become an epithet for racially charged ads designed to scare voters with exaggerated claims about violent crime.

Republican candidates and committees have dismissed such accusations during the current election cycle.

Spokespersons for the National Republican Senatorial Committee and the National Republican Congressional Committee, both of which fund ads for Republican candidates, did not respond to requests for comment.

While it is true that violent crime has been generally trending higher since the mid-2010s after a decades-long decline, the picture is far more complicated than the political ads suggest.

What the data show is that there was a substantial increase in homicides and gun assaults during the pandemic, but the surge appears to be leveling off, according to the nonpartisan Council on Criminal Justice.

The biggest increase came in 2020, when homicides surged by nearly 30%, marking the largest annual rise on record, the FBI reported last year.

But not all crime increased, noted Thomas Abt, a senior fellow at the Council on Criminal Justice and chair of its violent crime working group.

“There wasn’t a surge in property crime, and there wasn’t a surge in drug crime,” Abt said.

While there is a debate among criminologists over whether the spike in homicides and shootings in 2020 was an aberration, there are indications that the trend is slowing.

The FBI’s most recent crime data, released earlier this month, are incomplete and almost a year old. But they show that homicides rose by 4.3% in 2021, while overall violent crime actually decreased by 1%.

Moreover, crime trends seen during the pandemic seem to have reversed themselves this year.

During the first half of 2022, homicides decreased by an average of 2% in 29 major U.S. cities, while burglaries, larcenies and car thefts were all up, according to a July report by the Council on Criminal Justice.

The overall decline in homicides seems to have extended into the second half of 2022. Police data from 99 cities compiled by consulting firm AH Datalytics show that homicides are down in twice as many metropolitan areas as they are up so far this year. On average, the 99 cities show a year-to-date decline of 5%.

Notably, homicides are down in New York City, Los Angeles and Chicago, America’s three largest cities. But whether homicides are up or down, there is a perception among voters that violence is spiraling out of control and that their elected leaders aren’t doing enough to combat it.

In a recent Politico poll, more than two-thirds of voters said crime was a big problem in the United States, while 60% said it would play a major role in whom they vote for.

With homicides at 25-year highs, voters have reason to be concerned, said Justin Nix, associate professor of criminology and criminal justice at the University of Nebraska Omaha.

“There are 23- to 24-year-olds walking around right now who’ve never seen the homicide rate this high in their lifetime,” Nix said.

However, Nix said, voters’ perceptions of crime don’t always reflect data.

“Americans’ perception of the crime and disorder problem don’t always match up with the objective data. For example, they might tell you crime went up in the last year when the data show that it went down,” he said.

Nix said politicians, and not just Republicans, “manipulate” crime data in a variety of ways.

One common tactic, according to Nix: selectively choose the comparison period.

In Wisconsin, an ad attacking Republican Senator Ron Johnson’s Democratic challenger, Mandela Barnes, cites a report by a conservative think tank to inform voters that “violent crime [is] up across Wisconsin.” .

But the Feb. 8, 2022, report by the MacIver Institute is focused on the spike in violent crime in 2020 when Wisconsin saw a 62% increase in murders.

Data from the Wisconsin Department of Justice show that homicides rose by 5% last year. The data show that not all crime went up in Wisconsin last year, with both robbery and aggravated assault numbers down. Crime data for 2022 are not available on the department’s website.

The MacIver Institute and the Wisconsin Department of Justice did not respond to requests for comment.

Selective Democrats

Republican candidates are not the only ones to highlight selective crime data to win over voters. Joe Cunningham, a Democrat running for governor of South Carolina, cites a June 2021 TV report to tell voters that “crime is at an all-time high” in his state.

And an ad by California Democratic Representative Eric Swalwell cites a report ranking Bakersfield, California, the seat of Republican House Minority Leader Kevin McCarthy’s congressional district, as “the top 10 most dangerous city in America.”

But crime is highly localized in America. Even in “the most dangerous cities,” there are neighborhoods that are safe. On the other hand, the “safest cities” may have so-called “hot spots” with a disproportionate number of crimes.

“A lot of the rhetoric concerning crime is just that — rhetoric — and is really seeking to divide Americans against one another with divisive fearmongering,” Abt said.

The recent surge in crime, Abt added, is “cause for deep concern but not panic.”

The rhetoric about violent crime is not happening in equal measure. With polls showing that more Republican voters worried about crime than Democratic voters, the Republican Party is outspending the Democratic Party in advertising focused on crime according to political ad spending data.

Blaming the rise in violent crime on one political party is not supported by the facts, Abt said.

“The rise in violence [during the COVID-19 pandemic] was surprisingly uniform. It occurred in red states and blue states. It occurred in cities and also in suburban and rural areas,” he said.

While no one knows exactly what drove the crime surge, Abt said most experts agree on three contributing factors: the pandemic, civil unrest following the death in police custody of George Floyd in 2020 and a spike in legal firearms purchases.
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Poll Workers Train for Conflict: ‘A Little Nervous? I Am.’

Milwaukee’s top election official surveyed about 20 poll workers gathered in a classroom in a city building stuffed with election supplies, then spoke frankly about the tense environment they may face next week when the city expects more people watching their work than ever before.

“So who is worried about observer disruptions?” Claire Woodall-Vogg, head of the Milwaukee Election Commission, asked the group. “Who has read things or heard things on the news, and you’re a little nervous? I am. I’ll raise my hand,” she said, smiling.

A few of the workers raised their hands, too. They’re not alone in their concern: Election officials across the country are bracing for confrontational poll watchers fueled by lies about the legitimacy of the 2020 election spread by former President Donald Trump and others, even after Trump’s loss was upheld by repeated reviews, audits and recounts, and courts rejected legal challenges.

That tension is higher in the handful of battleground states like Wisconsin, where Trump and others were quick to cry fraud after late-arriving results from Democratic-dominated Milwaukee helped Joe Biden narrowly carry the state in 2020. Recounts demanded by Trump confirmed Biden’s victory.

Woodall-Vogg has already felt the pressure. In an interview, she described being harassed and threatened after that election via email, phone calls and letters to her home — threats serious enough that she has an assigned FBI agent to forward them to.

Still, Woodall-Vogg said she’d rather she be a target than her workers — some of whom have stepped down from managerial roles because of the pressure. “We’re not paying them millions of bucks to endure that stress by any means,” Woodall-Vogg said.

Election officials nationally are concerned about a flood of conspiracy theorists signing up to work as poll watchers, with some groups that have trafficked in lies about the 2020 election recruiting and training watchers, particularly in swing states like Wisconsin.

Wisconsin requires poll workers to be trained only every two years, but this year Milwaukee is offering much more frequent training than in elections past, including informational videos and one-hour sessions focused on specific topics, like voter registration. The content remains unchanged.

In the mid-October session observed by The Associated Press, Woodall-Vogg was presenting to an experienced group of poll managers — known as chief inspectors — who will be responsible for directing workers at individual polling places. The managers get a flat payment of $325 for Election Day duties that begin before 7 a.m. and can stretch into the wee hours of the next morning. Non-managers get $220.

When the training turned to how to handle potential problems, Woodall-Vogg was careful to note that observers play “a vital role in our democracy.” But she also said she didn’t want her workers to feel threatened by them.

She demonstrated how to tape off sections where observers can stand — between 3 and 8 feet from voter check-in and registration areas.

“Take your tape and make a line and say, ‘This is the observer area,’ or make a box and say, ‘Please don’t leave this area,'” she said.

Violators first get a warning; if they do it again, they’re ordered to leave. If someone refuses, police are called.

Woodall-Vogg also walked the workers through how to handle challenges to voter eligibility based on a voter’s race or the language they speak. Such challenges are unacceptable, Woodall-Vogg said, and should get a warning as frivolous. An observer who makes a second such challenge would be ordered to leave.

Some poll workers who spoke to AP said they expect to see conflict, but they’re ready for it.

“I have a calling to serve,” said 70-year-old Andrea Nembhard, who has worked elections for more than a decade. She added: “I’m not afraid.”

Melody Villanueva, 46, said the same.

“I’m a problem solver, so I will de-escalate if necessary, and I will have to call the proper authority if necessary,” she said. “I am not one to fear much.”

Some workers acknowledged their nerves.

Averil Fletcher recounted calling the police during the August primary when a voter — convinced he had been deliberately locked out of the polling place — threw chairs and threatened workers. She had to wait 35 minutes for officers who had been busy elsewhere handling a pair of shootings.

Woodall-Vogg assured the managers that Fletcher’s experience “will never happen again.”

“If there is an election disturbance, if someone’s refusing to leave the polling place and you’ve issued them an order to leave, we have a direct line and there will be officers that will respond to support you,” Woodall-Vogg told the chief inspectors.

Federal law enforcement will also be on standby. Four assistant U.S. attorneys are assigned to oversee Election Day in Wisconsin and deal with threats of violence to election staff and complaints of voting rights concerns, and the FBI has stationed agents throughout the country to address allegations of election fraud and other election abuses, according to the U.S. Department of Justice.

Thanks to increased interest, the city hit full election staffing levels with two weeks to spare, which Woodall-Vogg said has never happened before.

“Usually it’s more panicking, filling in gaps,” Woodall-Vogg said.

That included five times as many partisan nominees to be election workers than in previous elections, but Woodall-Vogg said she’s not worried about bad actors because the system is designed to prevent issues. Election inspectors always have multiple eyes over their shoulder as they work: a second inspector is required to sign off for each task, and chief inspectors are monitoring all workers.

“Anyone who might have bad intentions, we would immediately, I think, be able to identify,” she said.
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Immigrants Face Off in California Congressional District

A congressional race in California between two immigrants, one from Pakistan and the other from South Korea, reflects the changing demographics of the American electorate. Mike O’Sullivan reports that abortion and the economy are at the heart of rival messages in the November 8th midterm election.
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With US Midterm Vote, Massachusetts Cambodians Flex Local Power

For Cambodian American residents of Lowell, Massachusetts, the upcoming midterm vote is chance to voice concerns on a list of local concerns familiar throughout the U.S. — potholes, schools and housing costs.

Sreang Heng, the Cambodia-born owner of Heng Heng Auto Repair near Lowell’s Koumantzelis Park-Roberto Clemente Baseball Field, said potholes are taking a toll on his customers’ vehicles, which come to him with damaged tires and tie rods. While this means more work for auto repair shops like his, he’d rather not have it because of the social cost, especially to those who cannot afford to make all the repairs needed at one time.

“Most of them complain the spare parts are expensive because taxes are already included, so they bargain for the reduction of service charges,” said the 46-year-old who arrived in the U.S. in 2016.

Located on the Merrimack River, Lowell is 50 kilometers north of Boston. An early center of America’s once-thriving textile industry, Lowell has attracted European and Latin American immigrants since the 19th century. In the 1980s, Cambodian refugees fleeing civil war and the murderous regime of the Khmer Rouge began arriving. Today, the city of about 115,000 residents is nearly 25% Asian, home to the nation’s second-largest Cambodian community in America after Long Beach, California.

But in a city where minorities are close to the majority, according to U.S. Census data, white residents held most of elected positions until recently.

The change came when a coalition of Latino and Asian American residents filed a civil rights suit in 2017. Their attorney, Oren Sellstrom, argued Lowell violated his clients’ voting rights by electing officials on a citywide basis. The plaintiffs and the city settled in 2019, agreeing to establish districts that better represented the city’s diverse neighborhoods.

The changes in Lowell mirror those rippling through the U.S., which the Census has projected will have a population with a majority of minorities within decades. And the evolution of the Cambodian community as one that has progressed from nominal representation to exerting political power in the city and state is a path to assimilation well-worn by earlier immigrant groups.

Lowell now has eight districts, two of them with a majority of non-white voters. The city elected a Cambodian-born mayor, Sokhary Chau, in 2021. He took office in January along with two Cambodian American council members who were also born in Cambodia.

Mony Var, 56, is the first Cambodian to work for the Lowell Election Commission. In the 1990s, the city had 30,000 Cambodian residents, but only 123 Cambodians were registered to vote. Now, about 2,000 Cambodians are registered to vote. He said midterm and primary elections are as important for the community as the general election.

Mony Var, who arrived in the U.S. in 1980, said while voters may be disinterested in the midterms, “All elections are important. We must take the opportunity and fulfill the duty to vote in every election. Don’t only come to vote on the presidential election.”

The midterm focus of the Cambodian community on issues like potholes and schools suggests the validity of the oft-repeated maxim of U.S. life, “All politics is local.”

Sovann Khorn, who arrived in the U.S. from Cambodia via the Khao-i-Dang refugee camp in Thailand, runs a party-service business that also provides video and still photography for weddings, and dress rentals. The 57-year-old wants Lowell schools to crack down on students’ misbehavior and limit their video-gaming time.

Rodney Elliott, a former Lowell mayor and city council member, is a Democrat running to be state representative for the 16th Middlesex District against Republican Karla Miller. The district is home to many Cambodians.

Elliott, who is not Cambodian but who has visited Cambodia twice, said when he was mayor in 2014 he raised $300,000 for victims of a fatal fire, some of whom were Cambodians. He also commissioned a statue of Cambodian refugees for City Hall’s front yard.

Miller, a first-time office seeker, said there are few Cambodians in Chelmsford, her home base.

“I would love to reach out to the Cambodian community. … This is my first rodeo, so I don’t know a lot of people in different communities,” she said.

State representative for the 17th Middlesex District, Vanna Howard, 52, arrived from Cambodia in 1980.

In 2020, she was the first Cambodian woman elected to be a state representative in the U.S., motivated by “the need to give back to a place which has been so good to me,” according to her website.

Howard is running unopposed for reelection this year. She told VOA Khmer that voters ask her for help with a variety of issues, including unemployment, and improving schools, roads and bridges.

“And another one is housing,” said the Democrat. Lowell faces a housing shortage and the available options are expensive, she said, adding, “They want [my] help to keep prices on housing from going up too much, [to find] funds for housing.”

Insurance company owner Mony Var, 56, arrived in the U.S. in 1981 and now lives in the 18th Middlesex House District. He said local representatives “should listen to businessmen in the area to write high-standard business law that help local business[es] prosper and to bring in other businessmen to our area.”

Veteran state representative Rady Mom, 54, who arrived in 1982, is a Democrat and running unopposed after defeating two Cambodian-born challengers for the 18th Middlesex House District in the September 6 primary. According to U.S. Census data, the district population is about 41% white, 32% Asian, 17% Hispanic and 7% Black. Thirty-one percent of the residents are foreign-born.

John Cluverius, a political science professor at the University of Massachusetts, Lowell, told the Boston public radio station WGBH before the primary that the race among three Cambodian-born candidates showed how the community was moving beyond just seeking representation.

“It’s not that this coalition and this community is fighting for its political existence anymore or its simple representation,” Cluverius told WGBH. “But, instead, you see a community that looks like any other community with political power, which is that the divisions within start emerging more, and so you start seeing challenges within that community to incumbent representatives in that community.”

Or as Rady Mom, who in 2014 became the first Cambodian American state lawmaker in the U.S., put it, “My role is listening to people, convey their messages. If I don’t work for them, every two years, voters can vote me out and pick my challenger. That is democracy.”
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