According to Daily Caller, the president's push for term limits and an ethics code for justices faces strong opposition and claims of unconstitutionality from legal analyst Gregg Jarrett.
Biden's proposals include 18-year term limits for justices to replace the current system of lifetime appointments. As per a White House fact sheet, these changes aim to prevent any one president from exerting disproportionate influence over the Court.
Additionally, Biden advocates for ethical rules that would require justices to disclose gifts, avoid public political activities, and recuse themselves from cases involving financial or other conflicts of interest.
Jarrett, a Fox News legal analyst, has been vocal about his opposition to Biden's proposals. He argues that term limits for Supreme Court justices are unconstitutional, as life terms are embedded in the Constitution. He emphasized that changing this would require a constitutional amendment, a process he described as having "zero chance" of success.
On "Fox & Friends," Jarrett elaborated on his stance, stating that the high bar for amending the Constitution makes Biden's proposals impractical. He characterized the president's push for reforms as a strategy to gain electoral support rather than a genuine effort to improve the judiciary. Jarrett also criticized Biden's past opposition to similar reforms, highlighting what he sees as a contradiction in the president's current stance.
Jarrett's criticism extended to Biden's proposal for imposing ethical controls on justices. He argued that such measures would violate the principle of separation of powers, further complicating the feasibility of the president's plans. He dismissed the proposed reforms as "electoral pablum for Democrats," suggesting they are designed more for political gain than substantive change.
Biden's call for Congress to enact ethics rules for justices includes several specific measures. These rules would require justices to disclose gifts, refrain from public political activity, and recuse themselves from cases where they or their spouses have financial or other conflicts of interest. The White House fact sheet emphasizes that these reforms are necessary to maintain public trust in the judiciary and ensure impartiality.
Jarrett, however, remains skeptical of these proposals. He pointed out the significant legislative hurdles that any such reforms would face. According to him, most of these changes would necessitate a constitutional amendment, requiring a two-thirds vote in both houses of Congress or a constitutional convention called by two-thirds of the state legislatures. Even if these steps were achieved, ratification by three-quarters of the states would still be needed.
Gregg Jarrett said:
Like many of Joe Biden’s ideas, most of it is unconstitutional, Steve. And the Democrats cannot simply pass a law imposing term limits on justices because life terms are embedded in the Constitution. So, it requires amending the founding document, which is such a high bar, that it has zero chance.
Biden's efforts to reform the Supreme Court come amid his broader agenda, including plans to forgive student loan debt. His presidency has seen multiple initiatives aimed at reducing the financial burden on students. However, in June 2023, the Supreme Court struck down one of Biden's proposed student loan forgiveness programs, highlighting the ongoing tension between the executive branch and the judiciary.
Jarrett has also criticized Biden's approach to student loan forgiveness, viewing it as another example of the president's overreach. He noted that Biden's recent push for Supreme Court reforms contradicts his previous stances, casting doubt on the sincerity of the president's current efforts. Jarrett questioned the motivations behind these proposals, suggesting they are more about garnering votes than effecting meaningful change.
In a further critique, Jarrett commented on Biden's age, drawing a comparison between the president and the younger, more "sentient" justices he seeks to impose term limits on. He argued that Biden's proposals are not grounded in practical reality but are instead a tactic to appeal to voters.
President Joe Biden's push for Supreme Court reforms has ignited a contentious debate about the constitutionality and practicality of his proposals. Legal analyst Gregg Jarrett has emerged as a prominent critic, arguing that the proposed term limits and ethics code for justices are unconstitutional and politically motivated. Jarrett's remarks underscore the significant legislative and constitutional challenges that any such reforms would face. Despite these hurdles, Biden continues to advocate for changes aimed at reducing presidential influence over the judiciary and maintaining ethical standards among justices.
