Gorsuch Warns Biden Over SCOTUS 'Reforms'

Erin Schaff/The New York Times via AP, Pool

We've previously discussed the unconstitutional nature of Joe Biden's proposed "reforms" to the Supreme Court. Those would be the reforms that he supposedly opposed before he endorsed them. Virtually all of the changes being discussed veer well outside the limitations placed on both the executive and legislative branches in the first two Articles of the Constitution. Now the media has taken an interest in this food fight and Associate Justice Neil Gorsuch was asked about the reforms during a relatively rare interview with Fox News. He started off by giving the correct answer to the question, saying that he didn't want to dive into the middle of a "political issue," particularly in the middle of a heated presidential campaign. But he couldn't seem to help himself, and he reminded us that rank-and-file citizens deserve a "ferociously independent" judicial system to ensure fair and equal treatment for all. He also appeared to issue a bit of a warning to the Biden administration, saying, "Be careful."

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Supreme Court Justice Neil Gorsuch had little to say when asked about President Biden's proposals to overhaul the Supreme Court, but he did deliver a brief message.

When asked by "Fox News Sunday" host Shannon Bream about Biden's suggestions for changes to the Supreme Court, Gorsuch said he did not want to get into "what is now a political issue during a presidential election year." He then continued, however, stressing the importance of an "independent judiciary," particularly for those who are unpopular.

"It's there for the moments when the spotlight's on you, when the government's coming after you. And don't you want a ferociously independent judge and a jury of your peers to make those decisions? Isn't that your right as an American?" Gorsuch said. "And so I just say, be careful."

Gorsuch also returned to a familiar theme of his, one which he wrote about in his book "Over Ruled: The Human Toll of Too Much Law." He repeated that some laws are required to keep people safe and secure, but America now has far too many laws that are not just unnecessary but put people at risk. He said that over his years of serving as a judge, he has seen too many cases where otherwise innocent people who were simply trying to live their lives and take care of their families have wound up being charged with crimes that weren't even aware existed. 

That sort of attitude is completely toxic to the modern left so it's no wonder they seem to hate Gorsuch so much. Most of our socialist leftist have never seen a regulatory measure they didn't fall in love with unless it directly impacted one of their pet causes. These are the same sort of people we were discussing after a recent poll showed half of the country believing that the First Amendment "goes too far." They don't want other people, particularly conservatives acting, talking, or even thinking in ways that don't carry the stamp of approval from their liberal overlords. If they can find a way to pass laws to squelch that sort of speech or thoughts, they will be more than willing to give it a try. That's why we truly do need the "ferociously independent" judicial system that Gorsuch spoke about.

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Of course, as I said when this brouhaha over SCOTUS reforms first broke out, I'm not sure precisely how much we actually have to worry about. Each of the "reforms" that Biden is talking about has its own significant issues in constitutional terms. Aside from putting some amendments on the ballot that will have no chance of passing in our lifetimes, there don't even seem to be legal mechanisms in place that would allow Democrats to attempt to enact them. Short of a constitutional amendment, you can't impose term limits on SCOTUS justices because the fact that they serve for life or until they choose to retire is clearly spelled out by the Founders. The court must also compose its own code of conduct if it wishes to have one. Only the individual justices can determine when and if they need to recuse themselves from a case. For either Congress or the President to attempt to mandate such changes, they would need to crumple up the Constitution and flush it down the commode. 

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Ed Morrissey 12:40 PM | November 21, 2024
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