In a recent interview on CNN‘s “State of the Union,” Senator Elizabeth Warren of Massachusetts outlined two potential reforms to the Supreme Court, aligning with President Joe Biden’s newly announced focus on judicial restructuring in his final months in office.
Warren, a prominent progressive voice in the Democratic Party, suggested that term limits for justices and expanding the number of seats on the high court could be implemented without requiring a constitutional amendment.
“We’re working on changes to the Supreme Court,” Warren told host Jake Tapper. “It can be term limits; it could be adding the number of justices — things we can do without having to have a constitutional amendment.”
The senator’s comments echo President Biden’s recent call for Supreme Court reform, which he described as “critical to our democracy” during a recent Oval Office address. In his speech, Biden also explained his decision to withdraw from the 2024 presidential race and endorsed Vice President Kamala Harris as the Democratic nominee.
Newsweek contacted Biden and Warren spokespeople via email on Sunday for comment.
On Sunday, Warren framed the issue as a matter of preserving democratic integrity, expressing concern about the court’s recent decisions regarding presidential power and the authority of federal agencies. She argued that the current Supreme Court has overstepped its boundaries, potentially undermining democratic processes and the balance of power between branches of government.
The push for reform has gained momentum in recent months, particularly in light of controversial rulings on abortion rights, presidential immunity, and the scope of federal agency powers. Democrats have increasingly voiced concerns about the court’s conservative majority, which they argue has led to decisions that are out of step with public opinion and longstanding legal precedents.
This growing sentiment has manifested in concrete legislative action, with the introduction of the Judiciary Act by Senator Edward J. Markey (D-Mass.) and Representative Hank Johnson (D-Ga.). The act, co-sponsored by Warren, proposes expanding the Supreme Court from nine to thirteen justices. Supporters of the bill argue that this expansion is necessary to restore balance to the court and counteract what they perceive as an ideological tilt that threatens progressive policies and democratic norms.
Kamala Harris, now the presumptive Democratic presidential nominee, spoke out about an openness on expanding the Supreme Court prior to the election in 2020. Months later Harris was asked at an event in Nashua, New Hampshire, whether she would support adding four new Supreme Court justices to the bench.
According to Bloomberg, she replied: “I’m open to this conversation about increasing the number of people on the United States Supreme Court.”
Proponents of court expansion often point to historical precedent, noting that the number of Supreme Court justices is not fixed in the Constitution and has changed several times throughout U.S. history.
The proposed reforms have also garnered support from various progressive organizations, including abortion rights groups that have been galvanized by the court’s decision to overturn Roe v. Wade in 2022. These groups view court reform as a crucial step in protecting reproductive rights and other progressive priorities that they believe are under threat from the current court composition.
However, the path to implementing such reforms remains challenging. With Republicans controlling the House of Representatives, the Judiciary Act faces significant obstacles in becoming law. Additionally, some moderate Democrats may be hesitant to support court expansion, fearing potential political backlash or concerns about the long-term implications of altering the structure of the Supreme Court.
As the debate intensifies, President Biden is reportedly preparing to endorse significant changes to the Supreme Court. According to recent reports, the President may support establishing term limits for justices and implementing an enforceable ethics code. These proposals are seen as potentially less controversial alternatives to court expansion, aimed at addressing concerns about the court’s legitimacy and accountability without fundamentally altering its structure.
The push for an enforceable ethics code has gained particular urgency in light of recent controversies surrounding some justices’ conduct. Critics have pointed to instances of undisclosed gifts and potential conflicts of interest as evidence of the need for stricter ethical guidelines for Supreme Court justices, similar to those that apply to judges in lower federal courts.
Term limits for justices have also gained traction as a potential reform. Supporters argue that fixed terms could reduce the politicization of appointments and ensure a more regular rotation of justices, potentially making the court more responsive to evolving societal norms and legal thought.
Biden is also said to be considering whether to back a constitutional amendment that would eliminate broad immunity for presidents and other top officials. This proposal comes in response to the Supreme Court’s recent decision granting extensive presidential immunity to Trump, which has been criticized by some as potentially shielding presidents from accountability for their actions while in office.
As Biden enters the final months of his presidency, his focus on Supreme Court reform signals the importance of this issue to his legacy and to the Democratic Party’s agenda. The debate over judicial reform is likely to play a significant role in the upcoming election, with Democrats and Republicans offering starkly different visions for the future of the Supreme Court and its role in American democracy.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
