Senator Elizabeth Warren of Massachusetts recently discussed potential reforms to the Supreme Court on CNN’s “State of the Union,” aligning with President Joe Biden’s focus on judicial restructuring in his final months in office.
As a leading progressive voice in the Democratic Party, Warren suggested implementing term limits for justices and expanding the number of seats on the court without needing a constitutional amendment. She emphasized the importance of preserving democratic integrity by addressing concerns about recent Supreme Court decisions affecting presidential power and federal agency authority.
The call for reform has gained momentum following controversial rulings on issues such as abortion rights and presidential immunity. Democrats argue that the court’s conservative majority has made decisions inconsistent with public opinion and established legal precedents.
The proposed reforms, such as expanding the court to thirteen justices through the Judiciary Act, aim to counter what some perceive as an ideological tilt that threatens progressive policies and democratic norms. Prominent Democrats, including Vice President Kamala Harris, have expressed openness to expanding the court.
Supporters of court expansion cite historical precedent, noting that the number of Supreme Court justices has changed throughout U.S. history and is not fixed in the Constitution.
Progressive organizations, particularly those advocating for abortion rights, view court reform as essential to protecting their priorities. However, challenges remain in implementing these reforms due to Republican control of the House of Representatives and potential opposition from moderate Democrats.
President Biden is considering alternate reforms like establishing term limits for justices and implementing an enforceable ethics code. These measures are aimed at addressing concerns about the court’s accountability and legitimacy without fundamentally altering its structure.
The push for an enforceable ethics code has gained urgency following controversies surrounding some justices’ conduct, including potential conflicts of interest. Term limits for justices are also seen as a way to reduce politicization and enhance the court’s responsiveness to evolving societal norms.
Biden may also endorse a constitutional amendment to eliminate broad immunity for presidents and top officials, in response to concerns about accountability for actions while in office.
As Biden nears the end of his presidency, his focus on Supreme Court reform underscores its significance for his legacy and the Democratic Party’s agenda. The debate over judicial reform is poised to play a crucial role in the upcoming election, highlighting differing visions for the future of the court and its role in American democracy.