One of the main drivers of the pervasive feeling of hopelessness in American politics is the radical, hard-right Christofascist turn of the Supreme Court. Donald Trump drastically changed the court, so even with Trump out of office, his court is still abusing the American people and throwing out decades of civil liberties, reproductive rights, environmental protections and legal precedent. President Biden still has my support, but I’ve been disappointed by his lack of energy towards doing something, anything about the court. My guess is that he feels like if something can be done, it can only be done if he wins a second term and has Congressional support. But he should have been much more vocal this whole time so that low-information voters understand WTF is happening and why. Well, now it looks like President Biden is planning to run for reelection on making some dramatic changes to the court. Good.
President Biden is finalizing plans to endorse major changes to the Supreme Court in the coming weeks, including proposals for legislation to establish term limits for the justices and an enforceable ethics code, according to two people briefed on the plans.
He is also weighing whether to call for a constitutional amendment to eliminate broad immunity for presidents and other constitutional officeholders, the people said, speaking on the condition of anonymity to discuss private deliberations.
The announcement would mark a major shift for Biden, a former chair of the Senate Judiciary Committee, who has long resisted calls to make substantive changes to the high court. The potential changes come in response to growing outrage among his supporters about recent ethics scandals surrounding Justice Clarence Thomas and decisions by the new court majority that have changed legal precedent on issues including abortion and federal regulatory powers.
Biden previewed the shift in a Zoom call Saturday with the Congressional Progressive Caucus.
“I’m going to need your help on the Supreme Court, because I’m about to come out — I don’t want to prematurely announce it — but I’m about to come out with a major initiative on limiting the court. … I’ve been working with constitutional scholars for the last three months, and I need some help,” Biden said, according to a transcript of the call obtained by The Washington Post.
Term limits and an ethics code would be subject to congressional approval, which would face long odds in the Republican-controlled House and a slim Democratic majority in the Senate. Under current rules, passage in the Senate would require 60 votes. A constitutional amendment requires even more hurdles, including two-thirds support of both chambers, or by a convention of two-thirds of the states, and then approval by three-fourths of state legislatures.
I’ve been thinking a lot about FDR in recent weeks and how Biden should lean into that comparison at every level. Franklin D. Roosevelt was in poor health when he ran for reelection the third and fourth time, but the American people still believed in him and voted for him because they knew that the Nazis must be defeated. Same as it ever was. But I’ve also been thinking about FDR’s scheme to pack the court. Roosevelt’s plan failed… but I guarantee that Biden’s lawyers and legal experts are examining Roosevelt’s plan. Something must be done and if Biden is committed to making changes to the court, he should go much further than this.
This week's cover of The New Yorker 👇 pic.twitter.com/5o1EFWp0HW
— Daniel Strauss (@DanielStrauss4) July 15, 2024
Photos courtesy of Cover Images.
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- Justices of the United States Supreme Court during a formal group photograph at the Supreme Court in Washington, DC, US, on Friday, Oct. 7, 2022. The court opened its new term Monday with a calendar already full of high-profile clashes, including two cases that could end the use of race in college admissions. Featuring: Amy Coney Barrett, Brett M Kavanaugh, Samuel Anthony Alito Jr, Ketanji Brown Jackson, Elena Kagan, Clarence Thomas, John Glover Roberts Jr, Neil McGill Gorsuch, Sonia M Sotomayor Where: Washington, District of Columbia, United States When: 07 Oct 2022 Credit: Eric Lee/POOL/CNP/startraksphoto.com/Cover Images
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- Justices of the United States Supreme Court during a formal group photograph at the Supreme Court in Washington, DC, US, on Friday, Oct. 7, 2022. The court opened its new term Monday with a calendar already full of high-profile clashes, including two cases that could end the use of race in college admissions. Featuring: Amy Coney Barrett, Brett M Kavanaugh, Samuel Anthony Alito Jr, Ketanji Brown Jackson, Elena Kagan, Clarence Thomas, John Glover Roberts Jr, Neil McGill Gorsuch, Sonia M Sotomayor Where: Washington, District of Columbia, United States When: 07 Oct 2022 Credit: Eric Lee/POOL/CNP/startraksphoto.com/Cover Images
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- United States President Joe Biden delivers remarks after former US President Donald Trump was injured following a shooting at a July 13 election rally in Pennsylvania in the Roosevelt Room of the White House in Washington, DC on Sunday, July 14, 2024. The attack on Saturday killed one spectator at the scene and left two others critically injured Featuring: Joe Biden, Kamala Harris Where: Washington, District of Columbia, United States When: 14 Jul 2024 Credit: Bonnie Cash/POOL via CNP/INSTARimages.com
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- United States President Joe Biden delivers remarks after former US President Donald Trump was injured following a shooting at a July 13 election rally in Pennsylvania in the Roosevelt Room of the White House in Washington, DC on Sunday, July 14, 2024. The attack on Saturday killed one spectator at the scene and left two others critically injured Featuring: Joe Biden Where: Washington, District of Columbia, United States When: 14 Jul 2024 Credit: Bonnie Cash/POOL via CNP/INSTARimages.com
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- President Joe Biden addresses the nation from the Oval Office of the White House about the assassination attempt of Republican presidential candidate former President Donald Trump at a campaign rally in Pennsylvania. Featuring: President Joe Biden Where: Washington, District of Columbia, United States When: 14 Jul 2024 Credit: POOL via CNP/INSTARimages.com
I have long advocated for term limits for the Supreme Court as well as Congress and the Senate, no one should continue to hold office for decades, no one.
I agree but at least with Congress there are elections, so there is, in theory, the chance to vote someone out. Of course incumbency and inertia often carry the day (cough Mitch McConnell cough) but the idea is there.
With SCOTUS, there isn’t even that option. And there’s a big difference between someone serving on the court for even 10-20 years and someone potentially serving for 30-35 years (Barrett is only 52.)
Yass! It’s time to term limit the justices and even it out. I concur…
I wish the democrats had done this when Mitch pulled his unprecedented stunt that allowed Trump to stack the court with criminals. (lying under oath is a crime and we all can see the video evidence of that) I hope it succeeds because we are in trouble with the current Supreme Court who unapologetically take bribes.
The biggest bribe-taker seems to be Clarence Thomas, whose highly controversial appointment to the court depended on Senator Joseph R. Biden’s sleazy maneuvers on the Senate Judiciary Committee, including evidence to support Anita Hill’s allegations of sexual harassment.
Biden is not on the side you think he is, and there’s a fifty-year career of terrible decisions and choices to prove it. He’s to the right of the center-right, and used to brag about being to the right of Reagan back in the day.
Then hold your nose when you vote for him. Because if you don’t – you might as well vote for trump.
100% correct and infuriating but of course better than Trump. That’s literally all we have at this point.
Biden is where he’s always been–at the center of his party. The party has moved left since 2016, let alone the 1980s, and he has moved with it. Bernie and AOC are key allies of his.
Parsley, I think we’re going to see progressive policies going forward. I think if Dems can get the House and Senate and Presidency, we’re going to see a lot of progress being made. Biden and Bernie (I think) are doing some talking. The next four years can be historical and probably will be.
If they can get momentum for Constitutional amendments, we could get more things fixed. I just keep thinking about the ERA that never got enough states to get it passed. We’ll see.
In the current set-up sexual harrasser Clarence Thomas can accept $6 million in bribes from the corporate interests whose cases he hears, take a private yacht to Russia, then a chopper to one of Putin’s palaces for a chat. The “justices” have endangered the lives of millions and millions of American women. They’ve enabled the traitorous behavior of a criminal former president. You’re right, SCOTUS is major reason all of us are feeling so despairing right now. I hope Joe pulls this off.
Agnes, I don’t think Thomas thought his trip to Russia would be outed–certainly not now. I can’t wait until his wife, Ginny, gets indicted along with the others behind the scene for January 6th.
Yeah, the word “enforceable” is doing a lot of work here. Didn’t those members of congress who were blatantly caught insider trading a few years ago all keep their seats? So.
Debbie Downer here. If any of this was possible in our change-averse system, someone would have done it by now. It’s a nice Hail Mary pass in a difficult election, but none of this is in the realm of the possible. More like the realm of fantasy. Now I’ll duck and run for cover. 🫣
I’ll join you under that cover.
I hope it’s not too little too late.
It should have at least been started after Roe.
It’s funny, I used to quite enjoy political dramas. Now I can’t help but laugh at the pomp & circumstance, how funny it is to see how senate committee hearings are portrayed. Like that. We all know now how little the government does, all the while collecting huge paycheques.
I will never forget MP’s voting themselves raises right before Harper was defeated. Our tax money.
So I hope this passes quickly & the SC can stabilize at least a little.
I think it is highly unlikely because of the votes needed to get anything like this through Congress. But I also think its a start to an important conversation about how much power SCOTUS has now (where it seems they can and do overrule whatever they want, precedent means nothing anymore, states rights mean nothing, its just about preserving conservative power). So I’m not mad about it, you know?
At least Biden has the same concerns about SCOTUS that many of us have and if this hail mary pass helps people to realize that, then I’m all for it.
Yes, I agree that it’s an important conversation to have. The SC has acquired this power because it’s been allowed to. And the rulings have had the flavor of, “don’t look at us, this is something Congress should deal with.” So I’ve got no problem with calling their bluff.
I think it was at one point possible – as of now it feels very much like a Hail Mary and won’t be possible with the current set up of the federal branches. And it especially won’t be possible with the SC overturning Chevron. I don’t think you’re being a Debbie Downer – I think you’re being honest and realistic.
I also think we need to stop assuming that everyone wants what we want—liberal democracy. Clearly, a minority (still millions of people!) want a fascist dictatorship and this has been enabled by a Supreme Court comprised of members appointed by presidents who did not win the popular vote. We’re delusional if we still think that being in the majority matters in this country.
I generally agree. Don’t to be pessimistic about it, but the chance of getting any GOP on board is slim to none – even if they agree it’s a good idea, they wouldn’t vote for it just to screw Biden over, so he doesn’t get a win. That’s the state of our Congress.
LOL. If a party does not have the majority it’s very hard to get bills pass into law. That’s facts. This will all have to be done when the Dems take over both houses. I know that this will pass and a lot more. The younger members of congress ( Dems) going forward will change this. The Age of Aquarius is the about people not the ones in power. I refused to believe that things won’t change. See how many things have change and passed into law with Biden / Harris administration and that’s without a majority. All this ish were are going through is the lessons we all have to learn together and as individuals. The code of ethics and term limit is not new. Some many people over the years have been calling for it. If you don’t learn your lessons the first time it’s going to come around again in the most brutal way. AND THERE WE ARE.
Brassy Rebel, it depends on whether the House and Senate go very blue–I think that’s possible. If that happens (or if reasonable Republicans join in), there could easily be a larger Court. There are 13 Circuits now and there should be a Justice for each Circuit. Also, I have every reason to believe that Senator Whitehouse will be holding hearings about the lies they told under oath during their confirmation hearings. AOC will push the Impeachment. Oh, I think there is going to be accountability everywhere.
I think one of President Biden’s greatest strengths is his experience with gaining consensus in Congress. If anyone can improve our current Supreme Court, it is our President. I love how he focuses on us and our freedoms, versus the elite and their profit motives.
Well said. And I’m in complete agreement with you on this.
Yep! And ironically,he can use the new superpowers the SC gave to do it!
Paulkid, not just a strength to gain consensus in Congress. I think he’s been instrumental in the strength of NATO.
Seems like the uproar about his poor performance at the debate is pushing him to the left. That’s a good thing.
I’m a bit unclear, is he saving this for after he is elected or planning to do it now? Because holding it out as a carrot for people to vote for him is just playing around. If it can be done, he should do it now. Or is there something I’m not getting?
I understood it as part of his reelection program, but I suspect this sort of thing takes time. Although I agree with you, it does leave a bit of sour aftertaste.
Both. He should try now and fail without a democratic majority and it should push people to vote in frustration. Or apathy will win and we have the country we voted, or not, for. My lone hope for Biden is women voting on the aftermath of Hobbs.
I don’t need a carrot to vote for Biden, I will vote for him anyway but these things take time so we need to start now. Changes, they are a comin .
Aven Sharp, I have to wonder if Mike Johnson would bring the bill to the floor of the House. Especially, would he let that happen BEFORE the election? Even after the election when Biden wins, the GOP would never vote for it. They would have to start again after we get the new Congress.
I wonder whether the absence of SC term limits is related to the American affinity for power vested in the president. It should be obvious for many reasons that people in their late-eighties should not be serving. Those with reduced faculties are the least likely to know that it’s time to go, for example.
Canada has strict age limits, and they are enforced. Justices are also removed when there is a clear impediment to them doing their jobs efficiently and properly.
Tursitops, I do think we need term limits. They may also have age requirements–who knows. What I do know is that every person over whatever age you choose has “reduced faculties”. What are you talking about? There’s nothing wrong with Bidens faculties. I wish people would stop with the Republican talking points. Yes, he’s old. Yes, he has arthritis in his lower spine which makes him stiff. Personally, I think he would love to retire, but the job isn’t done, and he knows it. I also know that Kamala would be excellent if he chooses sometime during the next four years to step down. There is no downside to this.
@Saucy, I’m absolutely voting for Biden, obviously, but it’s simply a biological fact that people’s faculties do decline as they age. It’s not an insult or a MAGA talking point to say it out loud. It’s the same reason so many families struggle with having to take car keys away from elderly relatives at some point…it literally happens to everyone.
Brassy, you’re just being realistic, but I do think that this is movement in a positive direction that Dem party leadership hasn’t been willing to propose previously. Will lawmakers buy in and follow through? Not likely. I don’t see this as a Hail Mary so much as an acknowledgement that reform is the only solution for a Supreme Court that has no guardrails.
Scrubbie, vote blue up and down the ballot. The House and Senate could get this done if they get enough people in. It’s not over people. It hasn’t even started. Wait until after the election.
Not to burst anyone’s bubble, but the Court just overturned Chevron Deference so it will severely limit the ability and capacity of every federal agency to make rules and regulate outside of federal courts. They basically beat Biden to the punch. He’s going to have to go through the courts for everything and then they can just deny and reject. It’s bleak…
This should have happened a long time ago. I’m a little peeved that he has waited this long to do this. The Supreme Court has already overturned the law that allows federal agencies to have oversight over regulation of courts. Biden was so recalcitrant on doing this – people asked him to do it before Roe v Wade was overturned and he refused. This is too little too late.
The reason that any of this is happening is because PJB is seeing how corporations and billionaire oligarchs own the print and television news narrative. He has to see now that they have been bought along with the 6 justices. How they are all in on making sure that he and VP Harris are run out of office. They need a puppet to do their bidding and push Project 2025.
When Biden and Harris are re-elected there must be a comprehensive investigation/expose about how the media is in cahoots with throwing the election.
To be clear, we haven’t had the 60 votes in the Senate to accomplish this, this is a really steep task. Mitch will filibuster anything affecting his majority in scotus. It’s sorely needed, just tough to get. If we vote blue in sufficient numbers, It’s doable. So like everyone has been saying all along, vote blue from top to bottom.
I’ll vote for whomever the Democratic candidate is, and Biden has had an objectively good term, but he really needs to step aside. There are several well-qualified potential candidates that people would get EXCITED about. This last minute, “vote for me and I’ll talk to someone about looking into doing something with the courts” is so lukewarm and not even likely to yield anything.
The Republicans now have Hillbilly Jesus and Grifter the Muppet they’re getting all worked up over — we have to do something more, now.
Kirsten, no, Biden cannot step down or be shoved out. The VOTERS decided in the primaries who they wanted for their candidate. If the Dems put someone else in, then they have no room to talk when the Republicans talk about stealing elections. The Republicans are behind the whole “Biden needs to step down”. They know that Trump does NOT have a very good chance against him. If the Dems put someone else in this close to the election, they actually make Trump’s chances better.
I know that the Wealthy have been pushing this, too. I think they don’t want to pay more in taxes.
About damn time.
I don’t think FDR’s plan. He was basically calling the bluff of Congress. He threatened to pack the court if they didn’t pass all the New Deal legislation.
And yes, Biden and all Dems should be running off a few key things.