Tuesday, July 30, 2024

Biden Abandons the Court . . . and His Last Inviolate Principle

 "Below is my column in the New York Post on President Joe Biden’s call to reform the Supreme Court by ending lifetime tenure for Supreme Court justices." Jonathan Turley


Biden Abandons the Court . . . and His Last Inviolate Principle – JONATHAN TURLEY     "President (and Supreme Court Chief Justice) William Howard Taft once said “presidents come and go, but the Supreme Court goes on forever.”
"But not if Joe Biden has his way. Indeed, both the president and Court as we know it could be gone.
"In a failed attempt to save his nomination, Biden offered to “reform” the Court by imposing an 18-year term limit that would jettison the three most senior conservative justices.
"With only six months left in his presidency, Biden’s efforts are likely to fail, but, unfortunately, could set the stage for activists under a Harris Administration in seeking to change the Court forever.
"For more than 50 years, Biden staunchly refused to play politics with the Supreme Court and support calls for “reforms” from the left of his party.
"For a politician who has long been criticized for changing positions with the polls on issues from abortion to criminal justice to gun rights, the Court was one of the few areas of true principle for Biden.
"Even though he refused to answer questions on packing the Court in the 2020 election, he ultimately rejected the call as president.
"Yet Biden’s final principle fell this month when facing the premature and involuntary end of his candidacy. Faced with being a one-term president, the Supreme Court would have to be sacrificed.
"Biden opted for the least of the evils in pushing for term limits rather than court packing.

It was the more popular option for Biden to yield on. Voters have always loved term limits.

"The Associated Press-NORC Center for Public Affairs Research found 67% of Americans, including 82% of Democrats and 57% of Republicans, support a proposal to set finite terms for justices.

"But there were few law professors and even fewer Democratic members clamoring for term limits until conservatives secured a stable majority on the Court. Then, suddenly, the Court had to be “reformed” without delay.

"It is no accident that the first three justices who would be term limited off the Court are conservatives: Clarence Thomas (after 33 years on the Court), Chief Justice John Roberts (after 19 years), and Justice Samuel Alito (after 18 years).

Think, however, about the iconic decisions we would have lost with term limits in place. Liberal Justice Williams Douglas’s 36 years on the Court would have literally been cut in half. He would have been kicked off in 1957." . . .

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