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Friday, February 21, 2025

Biden's Supreme Court reform proposals face skepticism from legal experts

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R. Michael Bryan 1st Vice Chair | DeKalb County Republican Party

R. Michael Bryan 1st Vice Chair | DeKalb County Republican Party

Joe Biden has proposed significant reforms to the United States Supreme Court, a move that has sparked debate among legal experts. The proposals come as Biden's presidency is seen by some as lacking political momentum, with speculation that this initiative may be an attempt by Democrats to push through a major policy before his term ends.

Legal analysts have expressed skepticism about the viability of Biden's proposals. According to the Washington Examiner, these reforms are unlikely to gain traction. Harmeet K. Dhillon, a California RNC National Committeewoman and lawyer, commented, "It’s all posturing for the election season to try to garner votes amongst the far Left but also to bully the United States Supreme Court into not pursuing its current path of enforcing the Constitution."

Steve Vladeck, a professor at Georgetown University Law Center, questioned why Biden focused solely on the Trump v. United States decision in his July 18 Substack blog. He pointed out other contentious decisions like Rucho, Citizens United, and Dobbs that Democrats oppose but acknowledged their slim chances of legislative change: "All of these have the exact same chance of getting two-thirds of the House and Senate to approve them (0.0%)."

Vladeck also raised concerns about implementing an enforceable ethics code for justices. He warned that if enforcement power is given outside the court, it could lead to a division within the Supreme Court itself: “we’d no longer have ‘one Supreme Court,’ as Article III, Section 1 says we must; we’d have two.”

The public's perception of Biden's presidency further complicates matters. Many Americans reportedly believe he should no longer be president, casting doubt on whether his proposals will receive serious consideration.

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