In a recent interview on CNN’s “State of the Union,” Senator Elizabeth Warren of Massachusetts discussed potential reforms to the Supreme Court, aligning with President Joe Biden’s focus on judicial restructuring. Warren suggested implementing term limits for justices and expanding the number of seats on the high court, without requiring a constitutional amendment. This comes as Biden has called for Supreme Court reform, which he views as crucial to democracy. The push for reform has gained momentum recently, with concerns over the court’s decisions on presidential power, federal agency authority, and controversial rulings on issues like abortion rights.
The introduction of the Judiciary Act by Senator Edward J. Markey and Representative Hank Johnson, co-sponsored by Warren, proposes expanding the Supreme Court from nine to thirteen justices. Supporters argue that this is necessary to counteract what they see as an ideological tilt on the court that threatens progressive policies and democratic norms. Some Democrats, including Vice President Kamala Harris, have expressed openness to expanding the Supreme Court, a move that has historical precedent and has gained support from progressive organizations, particularly those focused on reproductive rights. However, challenges remain in implementing these reforms, with obstacles in the form of Republican opposition in Congress and potential hesitancy from moderate Democrats.
President Biden is reportedly considering endorsing significant changes to the Supreme Court, including term limits for justices and an enforceable ethics code to address concerns about the court’s legitimacy and accountability. The proposal for an enforceable ethics code comes amid controversies surrounding some justices’ conduct, highlighting the need for stricter ethical guidelines. Proponents of term limits argue that fixed terms could reduce the politicization of appointments and make the court more responsive to societal norms. Biden is also considering supporting a constitutional amendment to eliminate broad immunity for presidents and other high-ranking officials, in response to recent decisions favoring presidential immunity.
As Biden nears the end of his presidency, the focus on Supreme Court reform indicates the importance of this issue to his legacy and the Democratic Party’s agenda. The debate over judicial reform is expected to play a significant role in the upcoming election, with Democrats and Republicans presenting differing visions for the future of the Supreme Court and its role in American democracy. The proposed reforms reflect a growing concern among Democrats about the court’s conservative majority and its potential impact on progressive policies, prompting calls for structural changes to restore balance and ensure accountability within the judicial branch.