Every election year, candidates in both parties make bold claims promising a better future for the American people. But there’s one campaign promise we’re hearing this year that should raise red flags for all voters regardless of one’s political perspective: court reform—a smokescreen that has nothing to do with reform, but everything to do with power.
In truth, “court reform” is nothing more than a desperate attack to subvert the legitimacy of the U.S. Supreme Court because it contains a majority of justices committed to the Constitution and originalism. If this coup succeeds, the rule of law will be over as the judiciary will become little more than a political tool of whomever holds power.
In 2020, just before the last presidential election, then-candidate Joe Biden stated in an interview, “The last thing we need to do is turn the Supreme Court into just a political football.” But shortly after the 2020 election, the Biden-Harris administration assembled a 34-member commission to review multiple options to change the court by adding seats, inserting ethics guidelines, and establishing term limits. Now, in the waning days of his administration, Biden is moving full speed ahead with court reform efforts in response to the far left’s demands. One liberal donor is spending $30 million in support of the dangerous agenda.
This multi-faceted effort to destabilize the judiciary begins with court packing—a concentrated effort to stuff the court with enough justices to tip the scale in favor of a radical judicial philosophy. As many as 130 different left-wing progressive groups have united to advocate adding four justices to the Supreme Court—up from nine—and 200 lower court judges. Democratic presidential nominee and current Vice President Kamala Harris, who received Biden’s wholehearted endorsement, has expressed support in the past, stating she was “absolutely open” to court packing.
Every country that has orchestrated this kind of judicial coup has seen the rule of law destroyed. The judiciary is no longer a separate branch, and it becomes a nefarious weapon of the political party in power. This is exactly what happened in Venezuela.
Court reform advocates, angry over a few recent court decisions, are hoping to restructure and overhaul the U.S. Supreme Court, all under the guise of “saving democracy.” One organization pushing for radical changes says that change is badly needed and claims the court’s decisions are “badly out of touch with the views of the majority of Americans [and] prove that the Supreme Court and judiciary as a whole must be updated to reflect modern life and modern values.”
In fact, the meaning of the constitutional text does not fluctuate between liberal or conservative or the changes in modern values. There is only a true original meaning of the text and a false and “new” meaning of the text. It is an originalist view of the Constitution that has led the high court to reverse Roe v. Wade and restore the First Amendment’s protection of religious liberty in cases like Kennedy v. Bremerton School District and Groff v. DeJoy.
Court reform is a temper tantrum of the left that would have devastating consequences. What better way to take control than adding more liberal justices or instituting term limits? In Biden’s most recent attack on the court, he is calling for limits for justices, but it is really just political partisanship aimed at removing the most conservative justices—Thomas, Roberts and Alito first. It is also unconstitutional and a bad idea. Our Founding Fathers said lifetime tenure was required in order to avoid the political influence on our justices. That is why the requirement is in our Constitution.
Another proposal, so-called ethics reform, isn’t about accountability, transparency or any other euphemism. It is about giving enemies of the judiciary the power to punish justices by subjecting them to investigations and fabricated scandals. Judges must be able to make decisions without fear of partisan retribution from the executive or legislative branches. It also would be unconstitutional, violating the separation of powers and the independence of the judiciary.
The rule of law is not a guarantee. Attacking or destroying the independence of the judiciary would end one of the most precious gifts all Americans have—their civil liberties.
Court reform is quite simply a euphemism for hyper-partisan efforts to end the independent judiciary. Fortunately, recent polling reveals that 87% of Americans believe an independent judiciary is a crucial safeguard of our civil liberties; 67% of Americans believe the politicization of the Supreme Court threatens judicial independence; and 59% oppose court packing.
An independent judiciary is a crucial safeguard of our civil liberties and an essential check on the power of the executive and legislative branches and the fleeting political whims of the culture. Americans who care about their freedoms need to speak up and stand up against this attempted coup.
Kelly Shackelford is president, CEO, and chief counsel for First Liberty Institute, a nonprofit law firm dedicated to defending religious freedom for all.
