Neil Gorsuch Issues Two-Word Warning About Joe Biden's Supreme Court Plan

On Sunday, U.S. Supreme Court Justice Neil Gorsuch issued a cautionary note regarding President Joe Biden's recent proposal to reform the Supreme Court in the final months of his presidency, advising, "be careful."

Following his withdrawal from the 2024 presidential race on July 21, Biden endorsed Vice President Kamala Harris as her expected opponent in the November election will be former President Donald Trump, the GOP nominee.

Last month, Biden unveiled a comprehensive three-part proposal aimed at overhauling the Supreme Court. His plan includes implementing term limits for justices, amending the Constitution to counteract the Court’s presidential immunity rulings, and establishing a mandatory ethics code for the justices. Currently, Supreme Court justices are appointed for life, a practice unique among major constitutional democracies.

The White House argues that introducing term limits would introduce regularity in Court appointments, make the timing of nominations more predictable, and minimize the potential for any single presidency to exert long-term influence over the Court. The proposal suggests that justices would serve for 18 years, with a new justice appointed every two years.

During an interview on Fox News Sunday, anchor Shannon Bream queried Gorsuch about his thoughts on potential changes to the Court's term limits. Gorsuch, a conservative justice, declined to delve into what he described as a political issue during an election year. Instead, he emphasized the importance of an independent judiciary, noting, “The independent judiciary…what does it mean to you as an American? It means when you are unpopular, you can get a fair hearing under the law and under the constitution. If you're in the majority, you don't need judges and juries to hear you and protect your rights, you're popular. It's there for the moments when the spotlight's on you. When the government's coming after you. And don't you want a ferociously independent judge and a jury of your peers to make those decisions? Isn't that your right as an American? And so I just say be careful.”

Biden’s reform efforts come in response to recent controversies involving conservative justices. Justice Clarence Thomas, the Court's longest-serving member, has faced scrutiny for accepting undisclosed gifts and alleged biases in cases involving Trump and his affluent benefactors. Justice Samuel Alito also encountered criticism after a photograph surfaced showing an upside-down American flag displayed outside his home shortly before Biden’s inauguration and in the wake of the January 6, 2021, Capitol riot.

Thomas defended his relationship with a donor, stating that the 2019 trip to Indonesia aboard the donor's private jet was considered personal hospitality and was not reportable. Alito, in a statement to The New York Times, attributed the inverted American flag to his wife’s actions, claiming he had no involvement in the flag’s display and that it was a response to a neighbor’s provocative yard signs.

Both justices have resisted calls to recuse themselves from Trump-related cases, leading Representative Alexandria Ocasio-Cortez to file impeachment articles against them last month. However, given the Republican-controlled House, the impeachment efforts are unlikely to succeed.

The conservative majority on the Court, which includes three justices appointed by Trump, has faced backlash over a series of contentious rulings issued just before the end of its term in July. Biden highlighted these controversies, noting that they have led to public concerns about the Court's impartiality and its ability to uphold the principle of equal justice under the law.

In addition to the Supreme Court reforms, Biden is considering supporting a constitutional amendment to eliminate broad presidential immunity, particularly in response to the Supreme Court’s recent 6-3 decision that granted expansive immunity to presidents in a case related to Trump’s federal election interference charges. Trump has pleaded not guilty in this case.

Although the Supreme Court adopted its first code of conduct in November 2023, it has faced criticism for lacking enforcement mechanisms. Biden's reform proposals, while facing slim chances of passing in his remaining six months in office, are seen by some as a strategic move to make the Court a key campaign issue. Legal analyst Harry Litman, in an op-ed for The Los Angeles Times, argued that Biden’s proposals are not merely symbolic but are part of a broader strategy to address the Court’s composition and influence. He suggested that if Democrats gain control of both Congress and the White House, they could use their mandate to push for significant reforms.