With Supreme Court reform ideas, Biden is playing the long game
LA TimesThe first and easiest question to answer with respect to the package of Supreme Court reform measures that President Biden announced Monday is whether there is any hope of their passage or enactment by the current Congress. With Congress hopelessly polarized and the Supreme Court hopelessly politicized, there is no chance of action on Biden’s proposals in the coming months, and the administration well understands that point. Biden announced the reforms in a Washington Post op-ed that, interestingly, led with the immunity decision, which Biden wrote transgressed a bedrock principle of the nation: “No one is above the law.” Indeed it does, but Biden and Harris, who was quick to endorse the proposals, obviously have calculated that of all the court’s recent unpopular moves, the immunity decision most offends the most American voters who might swing toward Harris. I think that’s dubious; a careful reading of the Supreme Court’s sweeping immunity decision suggests it is ultimately anchored in perceived good government principles dressed up as constitutional law. But in my view, the most important component of Biden’s package is his proposal to change Supreme Court terms from lifetime to 18 years, and, with the consistent rhythm of that span, guarantee each president precisely two appointments.