The ongoing saga of Democratic frustrations directed at the Supreme Court under its Republican-appointed majority is turning into a comedy, one that makes even the most devoted political junkie chuckle. Recently, President Joe Biden chose to play along, proposing grand reforms to the Supreme Court that, in practice, seem as likely to succeed as finding a needle in a haystack on a rainy day. This proposal appears to be a smorgasbord of Democratic demands. All served with a side of lukewarm enthusiasm.
One of the highlights of Biden’s proposal is the introduction of 18-year term limits for justices. Currently, justices serve for life, which has been a cornerstone of the judicial system. If adopted, these term limits would allow for regular turnover in the court’s membership. Biden contends this would prevent one presidency from holding too much sway over the Supreme Court for generations. Critics might argue that this is more about Democrats wanting to ensure that their party holds the levers of power in the judiciary than about the integrity of the court itself.
Washington Examiner: Four ways Democrats have demanded Biden reshape the Supreme Court https://t.co/Nm8XL9jAwd
— Ian Hansen 🇺🇸🇺🇸 (@IanHansenFeed) July 29, 2024
Then there’s the push for a revamped ethics code for the Supreme Court, making it seem like the justices are in need of a refresher course on integrity. Following revelations regarding undisclosed gifts received by some justices, Democrats are eager to enforce stricter ethics guidelines, pushing for justices to disclose gifts and recuse themselves from conflicts of interest. Yet, Republicans are rolling their eyes, pointing out that this move could undermine the separation of powers and suggesting that Congress shouldn’t meddle in the court’s affairs like it’s a junior high student council election.
Of course, no reform package would be complete without the most audacious goal of all: court packing. The idea of increasing the number of justices on the Supreme Court, initially proposed by certain Democrats, received an icy response from Biden this time around. In a move that could curdle milk, some lawmakers have been clamoring to expand the court to 13 justices, arguing that it aligns with the number of circuit courts. The constitutional implications of such a move, however, give pause to many, raising more questions than answers.
In a twist that might resemble something from a political thriller, there’s also the idea of simply disempowering the court. After the Supreme Court recently ruled against affirmative action, some fervent academics even pushed Biden to disregard such rulings. Apparently, the notion of ignoring the nation’s highest court doesn’t seem to faze some Democrats. Their logic appears to suggest that if a ruling doesn’t fit their agenda, it’s just an inconvenient speed bump that can be bulldozed over. However, this proposal runs into the reality of constitutional checks and balances and the troubling precedent it would set.
Amidst all this, Biden’s reforms also include a plan to modify presidential immunity—an eyebrow-raising suggestion that a sitting president could be held accountable for crimes, which could lead to a cancel culture-like atmosphere around presidential decision-making. If nothing else, these proposals showcase a clear divide in America’s political landscape, where Democrats seem focused on a sweeping overhaul of judicial norms to redefine power dynamics in their favor. In this ongoing struggle over the court, one thing remains certain: the judicial jesters are at it again, and the spectacle promises to leave the political stage in disarray.