Experts warn that Biden's reported support for SCOTUS term limits could pose a "grave threat to democracy."
It's uncertain if Biden will make an effort to change the court's composition, including the introduction of age and term limits.
Some legal experts are raising concerns about potential changes to the Supreme Court that President Biden may support.
After abruptly dropping out of the presidential race and endorsing Vice President Kamala Harris, news reports suggested that Biden was considering supporting legislation that would impose term limits on Supreme Court justices and a new enforceable ethics code.
Biden has historically resisted calls to expand the high court or push for any substantive changes, but such legislation would represent a significant departure from his past stance.
Biden may shift his views to accommodate more extreme members of his party, despite the Trump administration's Republican appointees majority, just months before the presidential election. Legal experts warn that such congressional action undermines democracy.
According to John Shu, a constitutional attorney and former official in both Bush White Houses, the question of whether President Biden and his left wing can impose term limits or age limits on Supreme Court justices through statute alone, without a constitutional amendment, is highly debatable and dependent on the specifics that have not yet been revealed.
Imposing term or age limits on Supreme Court justices through a constitutional amendment is a terrible idea for many reasons, as it would undermine democracy and separation of powers, as well as the Constitution's very structure. It would also delegitimize the court as an institution.
In the past, Biden was publicly and strongly against court-packing and placing term limits on federal judges, both of which he considered "boneheaded."
He stated that it is immensely foolish and hazardous to destroy the Constitution and a whole branch of government due to the disapproval of some of the current court's decisions by certain individuals.
According to Mike Davis, the former chief of nominations in the Senate and president of the Article III project, the reported proposals that Biden is considering endorsing represent a "radical assault on judicial independence" and a "grave threat to democracy," despite Biden's claims to be protecting it.
It is uncertain if Biden will still pursue an attempt to change the court's structure, as the legality of such a move is unclear, and it is also unclear if he was considering the legislation for political reasons as the pressure mounted for him to drop out of the race.
Carrie Severino, president of JCN and author of "Justice on Trial," predicts that Democratic presidential candidates, including Kamala Harris, will commit to politicizing the court in order to appeal to the same dark money groups that Biden targeted.
"It's probable that she will echo the most radical policy proposals."
politics
You might also like
- Speaker Johnson faces opposition from Republicans in political statement.
- UN agency funding restoration bill backed by Dem lawmakers: 'Absolutely necessary'
- GOP candidate gains ground on Sen. Tammy Baldwin in Wisconsin, according to consecutive polls.
- A Republican official from a swing state denounced any involvement in a pornography scandal and dismissed it as "sensationalized gossip."
- The former head of Border Patrol criticizes the Biden administration for allegedly concealing information about migrants with suspected links to terrorism.