In the wake of President Joe Biden’s recent push for Supreme Court reforms, Justice Neil Gorsuch has voiced his concerns about the potential impact on judicial independence. Biden, stepping down from re-election, has proposed several significant changes for the Court.
The President’s plan includes term limits for justices, a formal code of conduct, and a constitutional amendment to remove criminal immunity for former presidents. These reforms have sparked controversy, particularly among conservatives who view them as threats to the judiciary’s autonomy.
Justice Gorsuch, discussing his book “Over Ruled: The Human Toll of Too Much Law” on Fox News Sunday, addressed these issues without delving into the political implications. He emphasized the critical role of an independent judiciary in safeguarding individual rights.
Gorsuch remarked, “When you’re unpopular, an independent judiciary ensures you receive a fair hearing under the law and the Constitution. If you’re in the majority, your rights are protected by default. It’s during moments when the government targets you that you need independent judges and juries.”
He concluded with a stark warning, “Be careful,” highlighting the risks of undermining judicial independence.
Biden’s proposals seem to be driven by the Supreme Court’s 6-3 conservative majority, which could solidify if Trump wins another term. Recent rulings limiting federal agencies’ powers (Loper Bright) and overturning Roe v. Wade (Dobbs) have fueled debates about the Court’s influence.
Conservatives argue that these decisions are essential for protecting civil liberties from what they perceive as the overreach of Biden’s administration. Gorsuch’s emphasis on maintaining judicial independence resonates with those who see these reforms as a threat to the balance of power.