Efforts to drastically reform the Supreme Court could result in a backfire, warns Leonard Leo.
A conservative activist claims that restricting judges due to political differences makes a country resemble a "banana republic."
Leonard Leo, a conservative activist, believes that President Biden's attempt to reform the Supreme Court could motivate his supporters, but he should also be cautious about reminding less liberal voters of the stakes in the upcoming election.
"Leo stated to Planet Chronicle Digital that the proposed plan is a good political move to energize the reeling Democrat base. However, he believes that these proposals are unlikely to be adopted, and if they were, they would politicize the institution."
Leo, a prominent fundraiser and legal activist, has played a significant role in shaping the conservative judiciary through his work with the Federalist Society. In an interview on Monday, he stated that Biden and Vice President Harris, who have endorsed radical overhaul efforts, could also inspire conservatives.
"President Biden's decision to put the Supreme Court in the spotlight could energize conservatives in the presidential election," he said. "From past experience, we know that the court issue has always motivated conservatives and Republicans more than Democrats and liberals. Therefore, by bringing this issue to the forefront, it may allow the Trump campaign and Republican candidates for the Senate and House to focus on the successes we've had with the Constitution and the rule of law, the Supreme Court's achievements over the past several years, and the desire for more of the same. This could potentially backfire."
In 2016, Donald Trump, the then-Republican candidate, released a list of potential Supreme Court justices he could appoint, which was politically unusual but proved to be a smart move to reassure skeptical conservatives of his worthiness as their candidate. The election year was significant due to the prolonged vacancy left by Antonin Scalia's death, which was caused by Senate Republicans' refusal to hold hearings for Obama nominee Merrick Garland.
Trump won the election in 2016 and swiftly nominated Neil Gorsuch to the Supreme Court. He later nominated Brett Kavanaugh and Amy Coney Barrett, who were confirmed in 2018 and 2020, respectively. All three were members of the Federalist Society and part of lists of originalist judges reportedly vetted for the White House by Leo, cementing his influential status.
Biden has announced that he will not seek a second term and has proposed an overhaul of the judiciary, including limiting presidential immunity, imposing a term limit of 18 years for justices, allowing presidents to appoint new justices every two years, and implementing a "binding code of conduct" for the court, including disclosing gifts and refraining from political activity.
In a speech in Texas, Biden criticized the Supreme Court's current ethics code as "inadequate" and some of its recent decisions as "radical." Biden argued that his proposed changes were necessary "reforms" to restore confidence in the high court.
According to Leo, Biden's efforts to expand the Supreme Court beyond its current statutory limit of nine are a disguised attempt to "pack" it. The number of justices on the court was set by the Judiciary Act of 1869 and can be expanded with just one bill and the president's signature.
According to Leo, President Biden's Supreme Court overhaul proposal is merely a disguised attempt to stack the court and undermine its credibility, with no substantial justification.
The Supreme Court has been a target of criticism from Democrats and the political left for many years. This includes rulings such as the Dobbs decision, which overturned Roe v. Wade, as well as decisions that upheld President Biden's student debt handout and allowed Trump to be placed back on the ballot in Colorado. The conservative justices, Samuel Alito and Clarence Thomas, have been particularly criticized by left-leaning media outlets.
Leo argued that judges should have lifetime appointments to make decisions without worrying about future employment or considering the opinions of others. However, he emphasized that the debate over whether term limits were beneficial was less significant than the underlying motivation behind these liberal efforts: resentment towards individual decisions made by six justices appointed by Republicans.
The motivation behind this debate is that President Biden and Vice President Harris, as well as Democrats in the Senate, cannot tolerate the current Supreme Court. They strongly disagree with most of the court's rulings in big cases, even though those rulings are generally supported by most Americans. They are particularly upset about the Dobbs abortion case, the Second Amendment cases, and the fact that the Supreme Court is finally putting limits on the regulatory and administrative state. As a result, they are seeking to restrict the power of the court.
"The greatest threat to the rule of law, in my opinion, is not whether a judge should serve for ten years or for life. Rather, it is the creation of rules to restrict or regulate a court based on specific outcomes in certain cases, which puts our country at risk of resembling a banana republic."
Leo, the current chairman of CRC Advisors, has redefined himself as a leader and philanthropist within the conservative movement. He has broadened his objectives beyond legal battles to challenging the liberal influence in various sectors, including corporations, the media, and educational institutions.
With Biden's anointment of Harris as the presumptive Democratic nominee, the possibility of enacting radical changes to the Supreme Court is now on the ballot in November. And Leo is concerned about the potential consequences if she is elected and has a Democratic Senate to support her.
"If Kamala Harris is elected president and the Senate remains in Democrat hands, there is a risk of court packing and continued attacks on the court's integrity, which would be unfortunate."
The White House didn't respond to a request for comment.
Planet Chronicle' Anders Hagstrom contributed to this report.
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