Supreme Court Justice Neil Gorsuch has expressed reservations about President Joe Biden’s proposed Supreme Court reforms. Biden, who recently announced he would not seek re-election, has outlined ambitious changes for the Court, drawing criticism from conservatives.
Biden’s plan includes imposing term limits on justices, establishing a formal code of conduct, and introducing a constitutional amendment to eliminate criminal immunity for former presidents. These proposals have raised alarms among those who value the judiciary’s independence.
Justice Gorsuch, while promoting his new book “Over Ruled: The Human Toll of Too Much Law” on Fox News Sunday, addressed these reforms. He refrained from engaging in the political debate but highlighted the essential role of judicial independence.
Gorsuch explained, “An independent judiciary means that when you’re unpopular, you can still get a fair hearing under the law and the Constitution. If you’re part of the majority, your rights are naturally protected. It’s when the government targets you that you need independent judges and juries.”
He added a word of caution, “Be careful,” stressing the potential dangers of compromising judicial independence.
The motivation behind Biden’s proposals appears to stem from the Supreme Court’s current 6-3 conservative majority, which could remain for years if Trump is re-elected. Recent decisions, such as curtailing federal agencies’ powers (Loper Bright) and overturning Roe v. Wade (Dobbs), have intensified the debate over the Court’s role.
Conservatives believe these rulings protect civil liberties from what they see as Biden’s administrative overreach. Gorsuch’s focus on maintaining judicial independence resonates with those who view the proposed reforms as a threat.
