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President Joe Biden has once again employed the predictable and boring ploy of garnering votes by smearing a justice on our nation’s highest court.
The timing is no coincidence.
With the election fast approaching, our lame-duck President has brought out the same tired, politically motivated cliché we’ve heard so many times before: to “reform” the U.S. Supreme Court.
Biden calls Trump immunity decision a “dangerous precedent” in speech outlining radical Supreme Court reforms
Biden blasted the “extreme position of the Supreme Court” during a speech outlining his plans at the Johnson Presidential Library in Texas on Monday.
However, those positions were not at all extreme.
As former U.S. Attorney General William Barr explained in a Fox News op-ed, “The actual numbers do not support the hysterical claims of a ‘partisan Supreme Court.'” Nearly half of the decisions in the most recent term were unanimous. Only 11 cases were decided along ideological lines.
President Biden’s Supreme Court proposals are classic Democratic campaign sweet talk and simply not achievable. They are an undemocratic ploy by a sitting president who claims to want to “save democracy.”
Not surprisingly, Biden’s newly appointed successor, Vice President Kamala Harris, is all for it, having reflexively endorsed Biden’s proposal, arguing that the Supreme Court is in the midst of a “clear crisis of confidence.”
However, no such crisis exists.
Biden, Harris call for Supreme Court term limits, code of conduct, and limits on presidential immunity
According to a recent Marquette University Law School poll, roughly half of Americans approve of the job the Supreme Court is doing. By comparison, the president gets a much lower approval rating, while Congress has an ignoble approval rating of 13 percent in the most recent Gallup poll.
To mix in a biblical metaphor, perhaps the other two branches of government should heal themselves before casting the first stone at the third.
Biden’s three-point plan is largely unconstitutional, as are many of his misguided proposals. What’s more, Joe’s public support has all but vanished, making his power plays even more ineffectual than usual.
Despite what the current president claims, Congress cannot simply pass a law imposing term limits on justices. The reason is clear: Supreme Court terms are mandated by the Constitution, so amending the Constitution would require the arduous process of amending our founding documents, a hurdle so high that it would have no chance of success.
Ironically, Biden teeth They are seeking an amendment to overturn the Supreme Court’s presidential immunity decision announced earlier this month, but while that would be appealing to ruling-hating liberals, it would take years and require the kind of political capital neither Biden/Harris nor the Democrats have.
The Growing Threat Behind Biden’s Supreme Court Proposal
It doesn’t matter if the immunity decision would shield Biden and future Democratic presidents from the kind of damaging prosecution that plagued former President Donald Trump. It requires deep thought and common sense, of which there is little of these days in our nation’s capital.
The elderly Biden seems unaware of how difficult it would be to amend the U.S. Constitution. The amendment itself would require a two-thirds vote in both houses of Congress or a two-thirds majority in state legislatures, after which ratification would require the approval of three-quarters of the states.
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Good luck. Liechtenstein had a better chance at the Olympics (but they’ve already lost).
Finally, another of Biden’s fanciful ideas, imposing ethical restrictions on Supreme Court justices, violates the principle of separation of powers: the legislative and executive branches cannot impose their will on the independence of the judiciary. The Constitution was created to counter such interference.
In reality, Biden’s proposal is nothing more than typical Democratic election sweet-talk with no chance of implementation — an undemocratic ploy by a sitting president who claims to want to “save democracy.”
Let’s not forget that Biden has been vehemently opposed for decades to the very kind of radical reform he now supports — he famously called it a “stupid idea” — then and now — but it’s ludicrous that an 81-year-old president would want to extend the term of a much more sensible, younger Supreme Court justice.
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In 1937, President Franklin Roosevelt launched a similar plan to “expand” the Supreme Court by adding one new justice for each justice over 70 who refused to retire. Though the president was popular at the time, the ploy backfired spectacularly.
Joe Biden may not realize it, but he’s no Franklin Roosevelt.
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