Justice Neil Gorsuch Issues Stern Warning To Joe Biden

By: Sam Watanuki | Published: Aug 06, 2024

In a recent interview, Supreme Court Justice Neil Gorsuch warned President Joe Biden to be cautious with his proposed Supreme Court reforms.

Gorsuch emphasized the need for judicial independence, suggesting that sweeping changes could undermine the court’s role as a check on presidential power.

Biden’s Proposed Reforms

President Biden’s proposed reforms include term limits for justices, a binding code of conduct, and a constitutional amendment to limit presidential immunity.

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These reforms aim to address recent ethics scandals and restore public trust in the Supreme Court.

The Call for Term Limits

Biden suggests ending lifetime appointments for justices, proposing instead 18-year terms with appointments every two years.

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He argues that this would ensure regular changes in court membership and add predictability to the nomination process.

A New Code of Ethics

Biden also wants a binding code of ethics for justices.

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This would require justices to disclose gifts, avoid public political activities, and recuse themselves from cases where they have financial conflicts of interest.

Addressing Presidential Immunity

The president is pushing for a constitutional amendment to reverse a Supreme Court decision from July that grants former presidents broad immunity from prosecution.

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Biden argues that no one, not even a former president, should be above the law.

"Be Careful"

Justice Gorsuch, appointed by former President Trump, stressed the importance of an independent judiciary.

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He warned, “If you’re in the majority, you don’t need judges and juries to protect your rights if you’re popular.”

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Promoting His New Book

Gorsuch’s comments come as he promotes his new book, Over Ruled: The Human Toll of Too Much Law.

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In it, he discusses the balance between law enforcement and liberty, highlighting the dangers of both too much and too little law.

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Historical Context of Court Reforms

Biden’s proposed changes are the largest since Congress adopted the nine-justice system over 150 years ago.

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Previous attempts at reform, such as Franklin D. Roosevelt’s court-packing plan, have also faced significant challenges.

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Recent Supreme Court Decisions

The current conservative majority on the Supreme Court has made several landmark rulings, including overturning Roe v. Wade and ending affirmative action in college admissions.

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The Supreme Court justices seen together in a group portrait in 2022.

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These decisions have intensified the debate over court reforms.

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The Impact on the Upcoming Election

With less than 100 days before Election Day, Biden’s proposals are unlikely to pass in a deeply divided Congress.

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However, Democrats hope that the focus on judicial reforms will influence voters in the tight presidential race.

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Vice President Harris’s Stance

Vice President Kamala Harris, the presumptive Democratic nominee, has framed the election as a choice between “freedom and chaos.”

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She supports Biden’s reforms as a way to restore trust and accountability in democratic institutions.

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Looking Ahead

As the debate over Supreme Court reforms continues, Gorsuch’s warning serves as a reminder of the delicate balance between maintaining judicial independence and implementing necessary changes.

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The outcome of this debate will shape the future of the U.S. judiciary and its role in American democracy.

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