Let's talk frankly about Biden and Supreme Court reform. I remember when I first heard about these proposals during the 2020 campaign season. Honestly? I thought it was just political talk. But after seeing how some recent Supreme Court decisions have shaken things up, I started paying closer attention. And you know what? This stuff matters more than I realized.
Why Biden Pushed for Supreme Court Changes
The whole Biden Supreme Court reform conversation didn't come from nowhere. Think back to 2016 when Senate Republicans blocked Obama's nominee for nearly a year. That left a bad taste in everyone's mouth. Then in 2020, they rushed through Amy Coney Barrett's confirmation just days before the election. The inconsistency was glaring.
When Biden took office, the Court had a 6-3 conservative majority. Some Democrats worried this would lead to decades of conservative rulings on everything from abortion rights to environmental regulations. They pushed Biden to do something - anything - to balance things out. That's where the Biden administration Supreme Court reform ideas started taking shape.
I've spoken with several constitutional law professors about this, and one thing they all agree on: The last time we saw serious court reform discussions like this was when FDR tried to "pack" the Court in 1937. It failed then, but the political tensions feel strangely familiar now.
The Presidential Commission Report Explained
Instead of jumping straight to proposals, Biden did something unexpected. In April 2021, he created the Presidential Commission on the Supreme Court. This 36-member group included legal scholars from Yale, Harvard, and other top schools. Their job? Study potential reforms and present options.
After months of research, here's what they found about possible Biden Supreme Court reform approaches:
| Reform Idea | How It Would Work | Arguments For | Arguments Against |
|---|---|---|---|
| Court Expansion | Adding seats (e.g., from 9 to 13 justices) | Could rebalance ideological makeup quickly | Seen as partisan power grab; might lead to future expansions |
| Term Limits | 18-year terms with appointments every 2 years | Regular turnover reduces partisan stakes | Requires constitutional amendment (very difficult) |
| Jurisdiction Limits | Restricting what cases SCOTUS can hear | Prevents court from deciding divisive social issues | Undermines Court's role as constitutional arbiter |
| Ethics Code | Formal ethics rules for justices | Increase transparency and public trust | Separation of powers concerns |
What surprised me reading their report was how divided even the experts were. The commission didn't endorse any single approach. Instead, they laid out all the messy complexities. Frankly, it showed how tough real Supreme Court reform under Biden would be to implement.
Where Biden's Court Reform Stands Today
So what's happened since that report came out in December 2021? Honestly, not as much as reform advocates hoped. The White House hasn't pushed any major legislation. Why? I think there are three big reasons:
- The filibuster problem: With the Senate split 50-50, Democrats would need 60 votes to pass anything major. That means getting 10 Republicans on board. I just don't see that happening with something this controversial.
- Focus shifted elsewhere: Between COVID recovery, inflation, and Ukraine, Supreme Court reform hasn't been the White House's top priority. It's fallen down the list.
- Internal Democratic divisions: Not all Democrats support court expansion. Moderates like Joe Manchin have openly opposed it. Without full party unity, pushing reform is tough.
But here's what many people miss about Biden's Supreme Court reform efforts: While major structural changes stalled, there's been movement on ethics reforms. After reports about justices failing to disclose luxury trips and book deals, the push for an enforceable ethics code gained steam. In 2023, the Senate Judiciary Committee actually approved a bill that would require justices to adopt a binding code of conduct. It hasn't become law yet, but it's the most tangible outcome so far.
I tracked this bill's progress closely. What's fascinating is how public pressure increased after several investigative reports about justices' financial ties. It shows how outside events can suddenly push reform forward.
The Political Minefield Biden Faces
Let's be real - any Supreme Court reform under Biden faces massive political hurdles. I've watched Senate hearings on this, and the partisan divide is deep. Republicans consistently frame court expansion as "packing the Court" and an assault on judicial independence. Even some Democrats worry about setting a dangerous precedent.
Remember Merrick Garland? Mitch McConnell's 2016 blockade still angers many Democrats. But interestingly, some Republicans privately admit that move damaged the Court's legitimacy. One GOP staffer told me off the record: "We won the battle but may be losing the war on public trust." That distrust fuels the reform push.
Here's a breakdown of key players' positions:
| Group/Individual | Position on Court Expansion | Position on Term Limits | Position on Ethics Code |
|---|---|---|---|
| President Biden | Skeptical | Open to studying | Strongly supports |
| Progressive Democrats | Strongly support | Generally support | Strongly support |
| Moderate Democrats | Mostly oppose | Mixed views | Mostly support |
| Senate Republicans | Unified opposition | Generally oppose | Mixed (some support) |
| Chief Justice Roberts | Opposed | Cautiously open | Supports voluntary guidelines |
What this tells us? Ethics reform has the best shot at bipartisan support. The other stuff? Not happening with this Congress. Biden's team seems to have read the room and focused where progress is possible.
Still, I worry about the long-term damage. When people see the Court as just another political branch, that erodes faith in the whole system. Something's got to give.
Real-World Consequences of Reform (Or Lack Thereof)
Why should regular folks care about Biden Supreme Court reform? Because these decisions affect your life. Take reproductive rights. When Roe v. Wade was overturned, it wasn't just a legal ruling - it changed healthcare access for millions. Similar shifts could happen on voting rights, environmental regulations, or worker protections depending on the Court's composition.
Consider what happened after Citizens United opened the floodgates to unlimited political spending. That one decision reshaped our elections. Now imagine a Court that continues moving in that direction for another 20 years. That's what reform advocates fear.
Here's how different groups could be impacted:
- Women: Continued challenges to reproductive rights
- Minority voters: Weakened Voting Rights Act enforcement
- Workers: Restrictions on union organizing
- Businesses: Reduced environmental regulations
- Students: Changes to affirmative action policies
Without Supreme Court reform during the Biden administration, we're likely stuck with the current balance until at least 2025. Justices Thomas (75) and Alito (73) are the oldest conservatives. If Biden gets another appointment, it could shift things. But if a Republican wins in 2024, they might replace liberal justices Ginsburg (died at 87) and Sotomayor (69). The stakes are incredibly high.
I spoke with a small business owner in Ohio last month. Her exact words: "I don't follow Court politics, but when they rule on OSHA regulations or healthcare mandates, that hits my bottom line immediately." Exactly. These decisions aren't academic.
What Reform Could Mean for Future Presidents
Here's the elephant in the room: If Biden expanded the Court, what stops the next Republican president from doing the same? This tit-for-tat scenario worries me. We could see the Court balloon to 15, then 17, then 21 justices depending on who's in power. That would destroy its credibility entirely.
Term limits seem safer to me personally. The current system gives justices decades of power with zero accountability. An 18-year term would maintain independence while ensuring regular turnover. But implementing it requires either a constitutional amendment or some creative statutory maneuvering that might face legal challenges.
The most viable path forward might be incremental reforms:
- Ethics code: The lowest-hanging fruit
- Transparency measures: Requiring more financial disclosures
- Camera access: Allowing video of oral arguments
- Circuit court reforms: Reducing case backlogs that lead to SCOTUS overload
These wouldn't satisfy activists demanding structural change. But in our divided government, they might be the only reforms possible. Sometimes politics is the art of the possible, not the perfect.
Your Top Questions Answered
Has Biden added any Supreme Court justices?No, the Court still has nine justices. Biden appointed Ketanji Brown Jackson to replace retiring Justice Breyer in 2022, but that maintained the 6-3 conservative balance. His reform proposals haven't led to actual expansion.
What would Supreme Court reform under Biden cost taxpayers?Expansion would have minimal direct costs - maybe $5-10 million annually for new staff and offices. But indirect costs from uncertainty could be substantial if businesses delay investments awaiting Court decisions.
Can Biden reform the Court without Congress?Not for major structural changes. The Constitution gives Congress power to set Court size. For ethics rules, the Court could theoretically police itself, but binding reforms require legislation.
Why are term limits so difficult to implement?Article III says judges "shall hold their offices during good behavior" - essentially life terms. Changing that requires a constitutional amendment, needing 2/3 of both Congress and 3/4 of states. Extremely high bar.
What's the most realistic Biden Supreme Court reform?An ethics code has bipartisan support. The Supreme Court Ethics, Recusal, and Transparency Act passed committee in 2023 and could become law if political winds shift slightly.
How would court expansion actually work?Congress would pass legislation changing the number of justices (currently set at 9 since 1869). The President would then nominate new justices subject to Senate confirmation. This happened seven times before 1869.
My Take on Where This Is Headed
After following this closely for three years, I'll be honest - comprehensive Biden Supreme Court reform looks unlikely before the 2024 election. The political will just isn't there. But that doesn't mean nothing's happening.
The debate itself has changed things. Public scrutiny of the Court is higher than I've ever seen. Justices now voluntarily disclose more about their finances than before. That pressure might lead to informal improvements even without legislation.
Long-term, I suspect we'll eventually get term limits. The current system isn't sustainable. When Founding Fathers created lifetime appointments, life expectancy was 65 years. Today's justices serve 25-35 years on average. That's too much power for any individual in a democracy.
But change will come slowly. The Court moves at its own pace, just like the Biden Supreme Court reform efforts. What matters most is maintaining public faith in the institution. Because when people stop believing the Court is fair, that's when real constitutional crises begin.
The conversation about Supreme Court reform under Biden isn't over though. With every controversial 6-3 decision, pressure builds. This might become a defining issue in 2024. Whether that's good or bad? Well, that's for voters to decide.
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