Joe Biden, seemingly out of touch with the reality of a judicial system honed over centuries, is proposing an unnecessary overhaul of the United States Supreme Court. These reforms appear to be a misguided response to a series of recent rulings and supposed controversies involving Supreme Court justices and their partners. Speaking from the LBJ Presidential Library this week, Biden oddly claimed the Supreme Court is serving as a tool to advance what he considers an extreme agenda, conveniently overlooking that the Court’s role is not to cater to partisan politics but protect constitutional values.
Biden’s bias is clear when he unwarrantedly accuses the court of eroding decades-long civil rights advancements, yet never offers a clear evidence to back his allegations. His dubious warning about the court’s recent decisions, such as overturning Roe v. Wade in 2022 and ruling against affirmative action the following year, ignores the fact these rulings were made by experienced justices deeply versed in constitutional law.
Moreover, Biden’s plan proposes forcing each justice to serve only one 18-year term, allowing the sitting president to appoint a new justice biennially. This proposal strikes as a ploy to politically manipulate the Supreme Court, demonstrates a lack of faith in the wisdom and impartiality of our esteemed justices.
Another part of Biden’s wayward strategy includes the establishment of a so-called ‘enforceable code of ethics’. How ironic, that Biden would use the idea of ethics as a political prop, while seeking to interfere with the judicial branch’s independence.
Furthermore, the laughable notion that Biden’s reforms could help restore trust in the Supreme Court seems to be a smoke screen. A survey conducted in June by the AP and NORC revealed that an overwhelming majority of Americans believe justices are swayed by personal ideology. Perhaps Biden should tend to the seething distrust in his own government before presumptuously meddling with the judiciary.
Another glaring revelation from that survey was that 40% of respondents had low to no faith in those managing the Supreme Court. When someone like Alan Morrison, an Associate Dean at George Washington University Law School, suggests that Supreme Court ethics are problematic, one can’t help but wonder if they’re truly addressing the root of the issue.
Morrison’s stance on the potential solution being constitutional amendments was revealing. ‘If done by statute, it can be easily undone,’ he said, elaborating on the fragility and shortsightedness of Biden’s proposed process.
Indeed, implementing such radical changes will undeniably be an uphill battle, given the bipartisan resistance to Biden’s proposals. Indicative of this opposition is House Speaker Mike Johnson’s unfavorable reaction, as he aptly put it, Biden’s reform plan threatens to ’tilt the balance of power.’ Unsurprisingly, the proposal is already ‘dead on arrival’.
Even if Congress’s partisan divide weren’t enough to obstruct the motion, Morrison correctly points out the immense challenges in pushing the measure through both houses and states. ‘It’ll be a long time coming,” he dryly noted.
In a display of hyperbole, the proposal also ropes in senior justices: Justice Clarence Thomas, Chief Justice John Roberts, and Justice Samuel Alito, who would be among the first to be impacted by the term limit plan. Yet again, Biden’s plan seems more intent in unsettling the status quo than serving justice.
This knee-jerk reaction to manipulate the democratic institutions under the guise of reform is alarming. It’s indicative of the short-sighted, partisan approach of the Biden administration, which would better serve the country by addressing pressing issues rather than superficially meddling in the operations of our highest court.
One can only hope that the wisdom of our elected constitutional representatives prevents such divisive plans from seeing the light of day. As citizens, we should question unchecked power and broad overreaching reforms that could jeopardize the delicate democratic fabric our country is based upon.