In response to President Joe Biden’s request to reform the Supreme Court, Vice President Kamala Harris has joined him.
This is the first time either she or her supervisor has ever supported major judicial reforms. There are, however, hints that Harris, if elected president, would give the matter a higher priority than Biden has ever done.
Harris indicated she was receptive to the idea of term limits for the justices during her 2019 presidential campaign, in contrast to Biden, who vehemently opposed them. Even a more extreme suggestion—increasing the court’s size—was something she claimed to be amenable to.
Now that she’s ready to launch her 100-day war against Trump, she has Brian Fallon, a prominent left-wing advocate for judicial expansion and other reforms, as an advisor.
“Do I believe that expanding the role of the courts will be a priority for Vice President Harris?” “I’m not so sure about that,” stated Alex Aronson, the executive director of the leftist advocacy group Court Accountability.
However, according to Aronson, Harris is ready to face the “hard politics” of controlling an ideologically conservative and ethically troubled court because she has Fallon and other veterans of the Senate Judiciary Committee on her team.
Throughout her four years serving in the Senate, Harris remained relatively silent on the matter. Neither has it been specifically assigned to her responsibilities as VP.
Despite this, court skeptics hold out hope that Harris, if elected president, will be more aggressive in her support of reform than Joe Biden, who dragged his feet on the matter for nearly three years. Even though Obama changed his mind last week and now supports term limits and other reforms, a split Congress this year makes it highly unlikely that this proposal from a president in his last days in office would pass.
The more pressing concern for those seeking a change in the court’s makeup is, therefore, whether Harris, should she be elected, would devote her immediate political capital to the matter. Like many other aspects of this election, her youth plays a role in their optimism.
“It seems like the younger generation is more dubious about the power of the Supreme Court and thinks there should be more of a push for the people to have a say in national affairs, rather than relying on nine individuals in robes,” stated Gabe Roth, executive of the nonpartisan organization Fix the Court, which advocates for term limits and stronger ethics regulations for justices.
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Liberals within Biden’s party have urged him to take a stand against the Supreme Court’s conservative judicial interpretation of laws pertaining to abortion, firearms, religion, and environmental protection during his presidency.
Before unveiling a three-pronged proposal on Monday, he did little on the matter other than establish a commission to investigate possible court reforms. The president recently advocated in an op-ed for the Washington Post and a speech in Austin, Texas, that the number of years a justice can serve “actively” should be limited to 18, that the justices should be required to follow a code of conduct, and that a constitutional amendment should be considered to reverse the court’s ruling in Trump v. United States, which granted presidents broad immunity from criminal prosecution for “official acts.”
While Harris was absent from Biden’s speech at the Lyndon Baines Johnson presidential library, she did convey her support for the administration’s new stance in a written statement.
A number of ethics scandals and decisions that overturned long-standing precedent have cast doubt on the Supreme Court’s impartiality, leading to a “clear crisis of confidence,” according to Harris. Restoring faith in the Court, bolstering democracy, and making sure no one is above the law are all goals of these popular reforms.
The three measures, however, would have a very tough time getting passed into law.
In our deeply divided country, the idea of obtaining the necessary two-thirds consent from each house of Congress and three-quarters of the states to modify the constitution seemed insurmountable.
Legislation is required for the other two modifications, which, under the current procedures of the Senate, is likely to be blocked. But it’s possible that overcoming that obstacle won’t be enough. It is arguable that the constitutional assurance that justices serve during “good behavior” is at odds with the term limits idea. Concerning the code of conduct, several experts, notably Justice Samuel Alito, have argued that Congress does not have extensive power to oversee the actions of the justices.
Joe Biden’s plans were pronounced “dead on arrival” by House Speaker Mike Johnson.
Supporters of long-term reforms to the Supreme Court, however, are hoping that Biden’s statement will pave the way for a more concerted attempt by the incoming Democratic president.
“He’s lit a torch here, and he’s handing it off to Vice President Harris to really run with it,” said Jake Faleschini, program director of justice at Alliance for Justice, a liberal judicial advocacy organization.
