On August 4, Supreme Court Justice Neil Gorsuch addressed calls from the Biden administration to reform the high court, urging to “be careful” with such proposals and emphasizing the importance of maintaining judicial independence.
Last week, President Joe Biden proposed an 18-year term limit for justices, an enforceable code of ethics, and a constitutional amendment in response to the Supreme Court’s June decision on presidential immunity.
Asked by Fox News on Sunday about the proposals, Gorsuch sidestepped the question, stating, “You are not going to be surprised that I’m not going to get into what’s now a political issue during a presidential election here. I don’t think that would be helpful.”
“I have one thought to add: It is what the independent judiciary means—what does it mean to you as an American?” asked Gorsuch. “It means that when you are unpopular, you can get a fair hearing under the law and under the Constitution.”
“If you are in the majority, you don’t need judges and juries to hear you and protect your rights. You are popular! It’s there for the moments when the spotlight is on you, when the governor’s coming after you. And don’t you want a ferociously independent judge and a jury of your peers?” Gorsuch asked. “Isn’t that your right as an American? And so I just say, be careful.”
In a July 29 announcement, Biden pledged to work with Congress on a series of Supreme Court reforms. However, with immediate opposition from Republicans in Congress, the proposals face significant obstacles to becoming law.
Until that point, Biden had largely resisted calls from his progressive base to seek changes to the Supreme Court. Before taking office in early 2021, some left-wing lawmakers had urged him to consider “packing” the court—expanding its size to allow for the appointment of more justices aligned with their political views.
“We need these reforms to restore trust in the court,” Biden said in his July speech marking the 60th anniversary of the Civil Rights Act of 1964.
Biden urged Congress to pass binding and enforceable rules requiring justices to disclose gifts, avoid public political activity, and recuse themselves from cases where they or their spouses have financial or other conflicts of interest.
“I believe the best structure is the 18-year term limit. That would ensure that the country does not have what it has now,” he said before saying the current majority is pushing an “extreme agenda.”
Republicans swiftly rejected the administration’s proposals for the court.
Senate Minority Leader Mitch McConnell said that he was “disappointed” by Biden’s announcement.
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