Schumer Threatens To Reshape Supreme Court If Dems Win White House, Congress
When Democrats emphasize the need to respect our institutions, it seems this respect is reserved for institutions that align with their interests.
This respect is notably absent for the conservative-majority Supreme Court, which they criticize at every turn. Now, Senate Majority Leader and New York Senator Charles Schumer has issued a stark warning about potential changes if his party gains control after the elections.
“The Supreme Court has become a morass, both ethically and substantively,” he told NBC News. “We’re going to look at everything. There are lots of proposals.”
Schumer indicated that if the Democrats control the White House and both Houses of Congress, significant changes would be made to the court.
“Without the support of Republicans, Democrats’ plans to implement an enforceable ethics code mandating justices disclose all gifts and financial contributions, as well as strict rules for recusing themselves from cases, are almost impossible to implement,” The Washington Examiner reported.
“Schumer said Democrats also plan to pursue President Joe Biden’s stated goal of instituting 18-year term limits for justices, as well as an end to ‘forum shopping,’ a practice in which litigants choose to have their cases heard before friendly judges in specific divisions,” the report added.
On Thursday, the majority leader introduced a bill called the ‘No Kings Act’ to overturn the Supreme Court’s presidential immunity ruling. If successful, this would mean that a president would not be immune from prosecution for ‘official acts.’
Schumer expressed his frustration with the conservative tilt of the court, suggesting he would be more accepting if the Democrats held a 6–3 majority.
“They [Republicans] spent three decades trying to take over the courts,” he said. “They’ve achieved it.”
Republicans criticized President Joe Biden and Vice President Kamala Harris’s long-term proposal on Monday to reshape the Supreme Court, viewing it as an effort to politicize the judiciary.
“President Biden and I are calling on Congress to pass important reforms – from imposing term limits for Justices’ active service, to requiring Justices to comply with binding ethics rules just like every other federal judge. These popular reforms will help to restore confidence in the Court, strengthen our democracy, and ensure no one is above the law,” Harris said in a statement.
The proposals include an 18-year term limit and requirements for justices to disclose gifts, avoid political activity, and recuse themselves over conflicts of interest. They also suggested a constitutional amendment to overturn the Supreme Court’s July ruling that presidents have presumed immunity for the core functions of their office, as reported by the New York Post.
Entering her second week as the presumed Democratic presidential nominee, Harris acknowledged her role in formulating the plan but did not host any public events to promote it.
“I’ve made clear how I feel about Kamala and she’s been an incredible partner to me and a champion of surprise throughout her career,” Biden said in his speech.
“And she’ll continue to be an inspiring leader and project the very idea of America — the very idea that we’re all created equal and deserve to be treated equally throughout our lives.”
Democrats hope these proposals will rally voters as they consider their options in a tight election. Vice President Kamala Harris, expected to be the Democratic nominee, has framed her opposition to former President Donald Trump as “a choice between freedom and chaos,” arguing that recent court rulings have undermined the court’s impartiality.
With the court holding a 6-3 conservative majority, the White House is aiming to harness growing Democratic frustration over decisions that have overturned long-standing precedents on federal regulatory authority and abortion rights.