Opining in the Washington Post, President Joe Biden argued this week that the Supreme Court’s “fairness and independence” are in question due to its recent constitutionalist decisions. He says these undermine the court’s ability to carry out “its mission of equal justice under the law.” Biden called for three major reforms: First, a constitutional amendment overturning the Supreme Court’s recent decision establishing broad presidential immunity; second, 18-year term limits for Supreme Court justices and a new appointment system; and third, a binding code of ethics for the Supreme Court.
Americans shouldn’t be fooled: This naked attempt to overhaul a court that refuses to do the president’s bidding is a hallmark of authoritarian regimes everywhere. Ever since former President Donald Trump nominated three constitutionalist justices to the Supreme Court, the left has been incensed that those justices rely on the Constitution’s original meaning in interpreting laws. Rather, that is, than making rulings in support of left-wing policy preferences.
Consider how many of the left’s most significant wins over the last few decades have come not through the ballot box but through unelected judges on the Supreme Court. Gay marriage, Obamacare, affirmative action, abortion access, and more were not voted on by the people but instead imposed through an activist Supreme Court intent on reading new “rights” into the Constitution. Now, the left wants “reform” because they see this one-time instrument of anti-democratic policymaking in jeopardy.
There’s a clear irony in Biden’s calls for term limits and a new ethics code. Biden himself has been in Washington, D.C., for over 50 years and is only leaving the presidency after being strong-armed into dropping his failing reelection campaign by the Left’s elite powerbrokers. Moreover, his call for an “ethics code” is equally laughable. Biden appears to have often used his name to enrich his family.
This is all part of a broader theme with the Left today: When they are losing, rather than change their message, they instead try to change the rules. From the Supreme Court to their own presidential nomination process, in which the winner of the presidential primary elections and the votes of 14 million Americans were cast aside for a candidate who did not receive a single primary vote, the party that talks about the “threats to democracy” the most seems wholly uninterested in practicing what they preach.
All these proposed reforms would make the Supreme Court more political, not less. The Constitution grants Article III judges life tenure for this exact reason. By separating the administration of justice from the electoral process, judges are insulated from the political passions of the day and able to interpret the law as they see fit, free from outside influences. This was the very intention of the founders and a fundamental part of our constitutional structure of three separate yet coequal branches of government.
Thankfully, these radical proposals are extremely unlikely to gain any traction in Congress.
Upholding the Constitution’s structure is crucial, and this assault on our country’s institutions cannot be allowed to stand.
CLICK HERE TO READ MORE FROM RESTORING AMERICA
Dr. Ben Carson serves as Founder and Chairman of the American Cornerstone Institute.