President’s plan would undermine trust in Supreme Court
In the past few years, Democrats in Washington have become increasingly disappointed with the decisions of the U.S. Supreme Court. Instead of pursuing their goals within the system our founders established, some left-wing leaders have been trying to change the rules of the game. Congressional Democrats have been introducing a series of bills that would chip away at the independence of the courts. This summer, they got their highest-profile endorsement yet when the president unveiled his own proposals to remake the judiciary. Predictably, Vice President Harris joined in within 24 hours.
Ethics laws invite chaos
In an announcement at the end of July, the president said he wanted to rebuild trust in the high court. Toward that end, he has asked Congress to impose an ethics code on the justices. His idea puts a positive spin on a nefarious goal.
Placing the Supreme Court’s rules under the supervision of the legislative branch would not restore faith in the judiciary. It would violate the independence of the Court and plunge it into the ever-shifting waves of politics.
Of course, the Constitution already gives us a tool to handle judicial malpractice: impeachment. Over the course of American history, judges have been impeached and removed from office eight times, proving that Congress can effectively hold the judicial branch accountable while respecting the courts’ autonomy.
“Court Packing” with a new label
The Constitution grants lifelong terms to Supreme Court justices. President Biden, a man who has served for 50 years, wants to change that by proposing 18-year term limits. That tempo would allow presidents to appoint a justice once every two years. It is worth noting that three justices – all appointed by Republicans – would immediately be removed from the Supreme Court, since they will have served more than 18 years.
As a senator – and when he took the White House – President Biden publicly rejected calls to “pack the court.” He appears to have changed his mind. Though he does not use that language, his proposal today would have the same effect. It would turn the court into the political body he says it already is.
Court-packing was made infamous by President Franklin Delano Roosevelt in the 1930s. He sought to add justices to the high court so he could dilute the voting power of those jurists with whom he disagreed. Congress rejected FDR’s plan, aware that the president was only trying to change the court because he did not like its decisions. President Biden is introducing his plan for the same reason. He would never introduce these proposals if today’s court ruled in line with his wishes.
President placing himself above the law and tradition
I am disappointed by the president’s announcement. As the former chairman of the Senate Judiciary Committee, he knows better. Unfortunately, I am not surprised. President Biden has been willing to erode institutions before. For decades, he respected the 60-vote threshold for ending debate in the U.S. Senate. After the Supreme Court overturned Roe v Wade, he decided it was time to do away with that consensus-building procedure.
When he published his Supreme Court transformation plans, President Biden claimed his changes would ensure that no one, “is above the law.” However, by changing the fundamentals of our system of government – simply because he does not like its current outcomes – President Biden is placing himself directly above the law and tradition.
These proposals were troubling when introduced by members of the U.S. House and Senate. The fact that they are now being championed by the leader of a major party – and the presumptive nominee to succeed him – is a bad sign for the rule of law that has upheld our country for centuries.
Note: This item is the weekly “Wicker Report of U.S. Sen. Roger Wicker, written by the Senator and provided by his office. Any opinions expressed are those of the author and not necessarily that of this publication.
