On Sunday, Supreme Court Justice Neil Gorsuch cautioned against President Joe Biden’s recent efforts to reform the Court, saying, “be careful.” This warning comes on the heels of Biden stepping down from the 2024 presidential race on July 21 and backing Vice President Kamala Harris in her upcoming match against Donald Trump.
Last month, Biden unveiled a three-part strategy to shake up the Supreme Court, advocating for term limits for justices, a constitutional amendment to counter a controversial presidential immunity ruling, and a robust ethics code for the bench. Currently, Supreme Court justices hold lifetime appointments, making the U.S. unique among major democracies.
The White House argues that implementing term limits—where presidents could appoint new justices every two years and limit justices to 18 years on the bench—could enhance fairness and reduce long-term political influence over the court.
During an interview on Fox News Sunday, Gorsuch expressed reluctance to comment on the politically charged topic but highlighted the importance of an independent judiciary. He stated, “It’s there for the moments when the spotlight’s on you,” urging caution regarding changes that could affect judicial impartiality.
Biden’s push for reform is partly in response to criticisms faced by justices like Clarence Thomas, who has been scrutinized for accepting undisclosed gifts, and Samuel Alito, who recently faced backlash over a provocative flag display at his home. Both justices have resisted calls to recuse themselves from Trump-related cases, further fueling public discontent and prompting discussions about accountability in the Court.
Biden’s plan aims to restore faith in the Court’s integrity, especially following a series of contentious rulings. He has hinted at supporting a constitutional amendment to limit presidential immunity and acknowledged the need for stricter ethical guidelines after the Court’s first code of conduct was criticized for lacking enforcement.
Although Biden’s reform efforts may struggle to gain traction with the election approaching, experts suggest they could become an essential topic in the upcoming campaign. Legal analysts, like Harry Litman from The Los Angeles Times, argue that the proposals represent a strategic long-term vision rather than just a fleeting gesture as Biden’s presidency nears its end.