As his reelection campaign continues to unravel, President Joe Biden is getting ready to support modifications to the Supreme Court that he believes would ignite the left-wing base of the Democratic Party.
A Washington Post story from Tuesday claims that Biden will soon back term limits for Supreme Court justices and a new “ethical code” for the court.
He won’t, however, stop short of advocating for the Court’s expansion.
That could have more to do with politics than with principles.
Once upon a time, Democrats had aspirations of using their brief majority in both chambers of Congress in 2021 and 2022 to “load” the Court with enough liberal justices to balance the six Republican nominees.
The concept of increasing the Court is less appealing because Republicans might block left-wing choices, given the overwhelming number of Democratic-held seats up for grabs in November and the likelihood of losing the Senate.
According to The Post:
“President Biden is wrapping up preparations to support significant changes to the Supreme Court in the coming weeks, according to two individuals briefed on the plans. These changes would include legislation proposing term limits for the justices and an enforceable code of ethics. Speaking on the condition of anonymity to disclose private discussions, the sources said that he is also considering whether to propose a constitutional change to remove presidents’ and other constitutional officeholders’ extensive protection. Biden, a former leader of the Senate Judiciary Committee who has consistently opposed calls for high court reform, would make a significant change with this statement.”
Left-wing Democrats started to discuss packing the Court following Justice Brett Kavanaugh’s confirmation in 2018, which moved the Court closer to a 5-4 Republican-appointed majority.
The concept gained traction in the 2020 election, particularly with the nomination of Justice Amy Coney Barrett and the death of liberal Justice Ruth Bader Ginsburg. Biden just pledged to establish a panel to research the matter and would not clarify his position.
The group stated in its report, released in December 2021, that the advantages of the Court’s expansion were “uncertain.” Among other things, it looked at suggestions including term limits and an ethical code for Supreme Court judges.
To put the suggested reforms into effect, President Biden did not act. As the Post points out, many of them would have required legislation, and in order to overcome the Senate filibuster, such legislation would have needed at least some Republican support.
During an interview with Breitbart News at the Republican National Convention in Milwaukee, Wisconsin, Rep. Michael Rulli (R-OH), a member of the House Judiciary Committee, stated that Democrats are only attempting to alter the rules because they haven’t been satisfied with previous rulings from the courts.
He claimed that because Biden had put the Court in jeopardy, his suggestions strengthened the notion that the 2024 presidential race would indeed be “the most significant of our lives.”
