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U.S. President Joe Biden is joined by Education Secretary Miguel Cardona (L) as he announces new actions to protect borrowers after the Supreme Court struck down his student loan forgiveness plan in the Roosevelt Room at the White House on June 30, 2023 in Washington, DC.
With a majority of the public now alienated by the reactionary, corrupt Supreme Court, it’s time for Democrats to turn the tables. Leadership must come from the White House.
On the very day last week that The Supreme Court overturned affirmative action and the day before it outlawed Biden’s signature student loan program and gave businesses the right to discriminate against gay people, Biden told Nicolle Wallace that while SCOTUS is not “normal” he opposes court reform because it would “politicize the court in a way that’s not healthy.”
Sorry Joe, but that ship sailed decades ago. The current Court is not just “not normal” but a corrupt, unelected, thoroughly politicized right-wing Republican institution with lifetime appointments that will continue to impose its reactionary vision on the nation for decades to come.
Unchecked, the Court will continue to ignore precedent, take away longstanding Constitutional rights from women, Blacks and other minorities, allow businesses to discriminate against disfavored groups, block the President from doing anything significant about climate change, student debt and just about anything else significant, and overturn common sense gun safety laws.
It’s time for President Biden to put away his butter knife and take out his AR-15 to run against the reactionary, corrupt Supreme Court.
For decades, Democrats have brought a butter knife while Republicans have brought AR-15s to the fight over the courts. Republicans have packed the court with right-wing extremists; refused to give Merrick Garland a hearing; confirmed Amy Coney Barrett while citizens had already begun voting in the 2020 election; confirmed Brett Kavanaugh (and Clarence Thomas) despite credible accusations of sexual harassment; and let Justices take personal financial benefits from right-wing billionaire donors. In his comments opposing court reform, President Biden pulled out the same old butter knife again.

Activists for expanding the U.S. Supreme Court rally outside the nation's highest court in Washington, D.C. on June 22, 2022.
(Photo: Tasos Katopodis/Getty Images for Demand Justice)
There are credible proposals for court reform on the table that Biden is refusing to acknowledge. For example over 60 Senate and House members just reintroduced the Judiciary Act of 2023 that would unpack the court by adding four seats to the U.S. Supreme Court, bringing the bench from nine to 13 justices. Sponsors include Senators Ed Markey, Tina Smith and Elizabeth Warren and Representatives Jerry Nadler, Hank Johnson, Cori Bush and Adam Schiff.
A coalition of over 40 grassroots organizations called Just Majority support the bill including: Alliance for Justice; American Constitution Society; Black Voters Matter; Center for Popular Democracy Action; Color of Change; Demand Justice; Demos; Greenpeace USA; Guns Down America; Indivisible; Justice Democrats; Latino Victory Project; League of Conservation Voters; MoveOn; NARAL National Asian Pacific American Women's Forum; People for the American Way; Planned Parenthood; Public Citizen; Sunrise Movement; Teachers Unify to End Gun Violence; and Women's March.
According to an Indivisible spokesperson:
“Court expansion is the best chance we have to bring our Supreme Court back from the brink. We’re not calling for expansion because we have passing disagreements with the conservative supermajority. We’re calling for it because our democracy and our fundamental freedoms are at stake. This is a majority that has gutted the Voting Rights Act repeatedly, allowed radical gerrymandering of our congressional maps that undermine the political power of Black and brown folks, and possibly most horrifyingly, has overturned Roe v. Wade and thrown our ability to receive abortion care into utter chaos nationwide. This cannot continue. The only way to save the Supreme Court is to expand it. The American people deserve a Court that’s beholden to the law and the constitution, not billionaire MAGA donors who offer free trips on private jets.”
Another strong court reform proposal comes from The Brennan Center—Term limits for Supreme Court justices to replace lifetime tenure in which Justices serve for decades. As with the proposal to add Justices, Term Limits could be enacted by a majority vote of Congress signed by the President.
Under the Brennan Center’s Term Limits proposal justices would sit in staggered 18-year terms of active service on the Supreme Court, with a new vacancy opening every two years. Each president would have two, and only two, appointments during a four-year term. When a Justice’s term is up, the Justice would move to senior status under which s/he would by designation hear cases in the lower federal courts, and occasionally step in to hear cases on the Supreme Court’s docket upon a recusal by an active justice or an unexpected vacancy. As The Brennan Center writes, “Limiting the justices to specific terms would ensure that every president has an equal imprint on the Court and create more opportunities to appoint new justices that reflect changing demographics and the sentiments of many different communities.”
All but one state supreme court in America has either fixed terms or mandatory retirement, and so do constitutional courts in every other major democratic country in the world. America’s lifetime tenure for Supreme Court justices stands out as the sole outlier among worldwide democracies. A new study estimates that without reform, the Court won’t have a majority of Democratic appointees again until 2065.
While court expansion and term limits are compatible, term limits may have a better chance of of being enacted.
Student loan borrowers and advocates gather for a rally outside the U.S. Supreme Court on February 28, 2023.(Photo: Jemal Countess/Getty Images for People's Rally to Cancel Student Debt )Polls show that only 30% of voters approve of the Court. Over 2/3 of respondents (67%) support term limits including 82% of Democrats and 57% of Republicans.
Even Nancy Pelosi endorsed court reform this week, supporting term limits and leaving the door open to court expansion.
It’s time for President Biden to put away his butter knife and take out his AR-15 to run against the reactionary, corrupt Supreme Court. Republicans have successfully run against the court for decades, mobilizing particularly Christian fundamentalists with promises to overturn abortion rights and limit rights for minorities and the LGBTQ + community.
With a majority of the public now alienated by the reactionary, corrupt Supreme Court, it’s time for Democrats to turn the tables. In addition to defending democracy and supporting economics from the middle out instead of the top down, in 2024 Democrats should aggressively run against the Supreme Court and call for reforms. In light of Dobbs and now the affirmative action, student loan and bad gay rights decisions, this could particularly mobilize minority voters and young voters who Democrats need to inspire to turn out in large numbers.
President Biden must change his naïve institutionalist view opposing court reform and join the majority of the public, grassroots organizations, congressional leaders in making the corrupt reactionary Supreme Court and court reform a major issue in 2024.
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
On the very day last week that The Supreme Court overturned affirmative action and the day before it outlawed Biden’s signature student loan program and gave businesses the right to discriminate against gay people, Biden told Nicolle Wallace that while SCOTUS is not “normal” he opposes court reform because it would “politicize the court in a way that’s not healthy.”
Sorry Joe, but that ship sailed decades ago. The current Court is not just “not normal” but a corrupt, unelected, thoroughly politicized right-wing Republican institution with lifetime appointments that will continue to impose its reactionary vision on the nation for decades to come.
Unchecked, the Court will continue to ignore precedent, take away longstanding Constitutional rights from women, Blacks and other minorities, allow businesses to discriminate against disfavored groups, block the President from doing anything significant about climate change, student debt and just about anything else significant, and overturn common sense gun safety laws.
It’s time for President Biden to put away his butter knife and take out his AR-15 to run against the reactionary, corrupt Supreme Court.
For decades, Democrats have brought a butter knife while Republicans have brought AR-15s to the fight over the courts. Republicans have packed the court with right-wing extremists; refused to give Merrick Garland a hearing; confirmed Amy Coney Barrett while citizens had already begun voting in the 2020 election; confirmed Brett Kavanaugh (and Clarence Thomas) despite credible accusations of sexual harassment; and let Justices take personal financial benefits from right-wing billionaire donors. In his comments opposing court reform, President Biden pulled out the same old butter knife again.

Activists for expanding the U.S. Supreme Court rally outside the nation's highest court in Washington, D.C. on June 22, 2022.
(Photo: Tasos Katopodis/Getty Images for Demand Justice)
There are credible proposals for court reform on the table that Biden is refusing to acknowledge. For example over 60 Senate and House members just reintroduced the Judiciary Act of 2023 that would unpack the court by adding four seats to the U.S. Supreme Court, bringing the bench from nine to 13 justices. Sponsors include Senators Ed Markey, Tina Smith and Elizabeth Warren and Representatives Jerry Nadler, Hank Johnson, Cori Bush and Adam Schiff.
A coalition of over 40 grassroots organizations called Just Majority support the bill including: Alliance for Justice; American Constitution Society; Black Voters Matter; Center for Popular Democracy Action; Color of Change; Demand Justice; Demos; Greenpeace USA; Guns Down America; Indivisible; Justice Democrats; Latino Victory Project; League of Conservation Voters; MoveOn; NARAL National Asian Pacific American Women's Forum; People for the American Way; Planned Parenthood; Public Citizen; Sunrise Movement; Teachers Unify to End Gun Violence; and Women's March.
According to an Indivisible spokesperson:
“Court expansion is the best chance we have to bring our Supreme Court back from the brink. We’re not calling for expansion because we have passing disagreements with the conservative supermajority. We’re calling for it because our democracy and our fundamental freedoms are at stake. This is a majority that has gutted the Voting Rights Act repeatedly, allowed radical gerrymandering of our congressional maps that undermine the political power of Black and brown folks, and possibly most horrifyingly, has overturned Roe v. Wade and thrown our ability to receive abortion care into utter chaos nationwide. This cannot continue. The only way to save the Supreme Court is to expand it. The American people deserve a Court that’s beholden to the law and the constitution, not billionaire MAGA donors who offer free trips on private jets.”
Another strong court reform proposal comes from The Brennan Center—Term limits for Supreme Court justices to replace lifetime tenure in which Justices serve for decades. As with the proposal to add Justices, Term Limits could be enacted by a majority vote of Congress signed by the President.
Under the Brennan Center’s Term Limits proposal justices would sit in staggered 18-year terms of active service on the Supreme Court, with a new vacancy opening every two years. Each president would have two, and only two, appointments during a four-year term. When a Justice’s term is up, the Justice would move to senior status under which s/he would by designation hear cases in the lower federal courts, and occasionally step in to hear cases on the Supreme Court’s docket upon a recusal by an active justice or an unexpected vacancy. As The Brennan Center writes, “Limiting the justices to specific terms would ensure that every president has an equal imprint on the Court and create more opportunities to appoint new justices that reflect changing demographics and the sentiments of many different communities.”
All but one state supreme court in America has either fixed terms or mandatory retirement, and so do constitutional courts in every other major democratic country in the world. America’s lifetime tenure for Supreme Court justices stands out as the sole outlier among worldwide democracies. A new study estimates that without reform, the Court won’t have a majority of Democratic appointees again until 2065.
While court expansion and term limits are compatible, term limits may have a better chance of of being enacted.
Student loan borrowers and advocates gather for a rally outside the U.S. Supreme Court on February 28, 2023.(Photo: Jemal Countess/Getty Images for People's Rally to Cancel Student Debt )Polls show that only 30% of voters approve of the Court. Over 2/3 of respondents (67%) support term limits including 82% of Democrats and 57% of Republicans.
Even Nancy Pelosi endorsed court reform this week, supporting term limits and leaving the door open to court expansion.
It’s time for President Biden to put away his butter knife and take out his AR-15 to run against the reactionary, corrupt Supreme Court. Republicans have successfully run against the court for decades, mobilizing particularly Christian fundamentalists with promises to overturn abortion rights and limit rights for minorities and the LGBTQ + community.
With a majority of the public now alienated by the reactionary, corrupt Supreme Court, it’s time for Democrats to turn the tables. In addition to defending democracy and supporting economics from the middle out instead of the top down, in 2024 Democrats should aggressively run against the Supreme Court and call for reforms. In light of Dobbs and now the affirmative action, student loan and bad gay rights decisions, this could particularly mobilize minority voters and young voters who Democrats need to inspire to turn out in large numbers.
President Biden must change his naïve institutionalist view opposing court reform and join the majority of the public, grassroots organizations, congressional leaders in making the corrupt reactionary Supreme Court and court reform a major issue in 2024.
On the very day last week that The Supreme Court overturned affirmative action and the day before it outlawed Biden’s signature student loan program and gave businesses the right to discriminate against gay people, Biden told Nicolle Wallace that while SCOTUS is not “normal” he opposes court reform because it would “politicize the court in a way that’s not healthy.”
Sorry Joe, but that ship sailed decades ago. The current Court is not just “not normal” but a corrupt, unelected, thoroughly politicized right-wing Republican institution with lifetime appointments that will continue to impose its reactionary vision on the nation for decades to come.
Unchecked, the Court will continue to ignore precedent, take away longstanding Constitutional rights from women, Blacks and other minorities, allow businesses to discriminate against disfavored groups, block the President from doing anything significant about climate change, student debt and just about anything else significant, and overturn common sense gun safety laws.
It’s time for President Biden to put away his butter knife and take out his AR-15 to run against the reactionary, corrupt Supreme Court.
For decades, Democrats have brought a butter knife while Republicans have brought AR-15s to the fight over the courts. Republicans have packed the court with right-wing extremists; refused to give Merrick Garland a hearing; confirmed Amy Coney Barrett while citizens had already begun voting in the 2020 election; confirmed Brett Kavanaugh (and Clarence Thomas) despite credible accusations of sexual harassment; and let Justices take personal financial benefits from right-wing billionaire donors. In his comments opposing court reform, President Biden pulled out the same old butter knife again.

Activists for expanding the U.S. Supreme Court rally outside the nation's highest court in Washington, D.C. on June 22, 2022.
(Photo: Tasos Katopodis/Getty Images for Demand Justice)
There are credible proposals for court reform on the table that Biden is refusing to acknowledge. For example over 60 Senate and House members just reintroduced the Judiciary Act of 2023 that would unpack the court by adding four seats to the U.S. Supreme Court, bringing the bench from nine to 13 justices. Sponsors include Senators Ed Markey, Tina Smith and Elizabeth Warren and Representatives Jerry Nadler, Hank Johnson, Cori Bush and Adam Schiff.
A coalition of over 40 grassroots organizations called Just Majority support the bill including: Alliance for Justice; American Constitution Society; Black Voters Matter; Center for Popular Democracy Action; Color of Change; Demand Justice; Demos; Greenpeace USA; Guns Down America; Indivisible; Justice Democrats; Latino Victory Project; League of Conservation Voters; MoveOn; NARAL National Asian Pacific American Women's Forum; People for the American Way; Planned Parenthood; Public Citizen; Sunrise Movement; Teachers Unify to End Gun Violence; and Women's March.
According to an Indivisible spokesperson:
“Court expansion is the best chance we have to bring our Supreme Court back from the brink. We’re not calling for expansion because we have passing disagreements with the conservative supermajority. We’re calling for it because our democracy and our fundamental freedoms are at stake. This is a majority that has gutted the Voting Rights Act repeatedly, allowed radical gerrymandering of our congressional maps that undermine the political power of Black and brown folks, and possibly most horrifyingly, has overturned Roe v. Wade and thrown our ability to receive abortion care into utter chaos nationwide. This cannot continue. The only way to save the Supreme Court is to expand it. The American people deserve a Court that’s beholden to the law and the constitution, not billionaire MAGA donors who offer free trips on private jets.”
Another strong court reform proposal comes from The Brennan Center—Term limits for Supreme Court justices to replace lifetime tenure in which Justices serve for decades. As with the proposal to add Justices, Term Limits could be enacted by a majority vote of Congress signed by the President.
Under the Brennan Center’s Term Limits proposal justices would sit in staggered 18-year terms of active service on the Supreme Court, with a new vacancy opening every two years. Each president would have two, and only two, appointments during a four-year term. When a Justice’s term is up, the Justice would move to senior status under which s/he would by designation hear cases in the lower federal courts, and occasionally step in to hear cases on the Supreme Court’s docket upon a recusal by an active justice or an unexpected vacancy. As The Brennan Center writes, “Limiting the justices to specific terms would ensure that every president has an equal imprint on the Court and create more opportunities to appoint new justices that reflect changing demographics and the sentiments of many different communities.”
All but one state supreme court in America has either fixed terms or mandatory retirement, and so do constitutional courts in every other major democratic country in the world. America’s lifetime tenure for Supreme Court justices stands out as the sole outlier among worldwide democracies. A new study estimates that without reform, the Court won’t have a majority of Democratic appointees again until 2065.
While court expansion and term limits are compatible, term limits may have a better chance of of being enacted.
Student loan borrowers and advocates gather for a rally outside the U.S. Supreme Court on February 28, 2023.(Photo: Jemal Countess/Getty Images for People's Rally to Cancel Student Debt )Polls show that only 30% of voters approve of the Court. Over 2/3 of respondents (67%) support term limits including 82% of Democrats and 57% of Republicans.
Even Nancy Pelosi endorsed court reform this week, supporting term limits and leaving the door open to court expansion.
It’s time for President Biden to put away his butter knife and take out his AR-15 to run against the reactionary, corrupt Supreme Court. Republicans have successfully run against the court for decades, mobilizing particularly Christian fundamentalists with promises to overturn abortion rights and limit rights for minorities and the LGBTQ + community.
With a majority of the public now alienated by the reactionary, corrupt Supreme Court, it’s time for Democrats to turn the tables. In addition to defending democracy and supporting economics from the middle out instead of the top down, in 2024 Democrats should aggressively run against the Supreme Court and call for reforms. In light of Dobbs and now the affirmative action, student loan and bad gay rights decisions, this could particularly mobilize minority voters and young voters who Democrats need to inspire to turn out in large numbers.
President Biden must change his naïve institutionalist view opposing court reform and join the majority of the public, grassroots organizations, congressional leaders in making the corrupt reactionary Supreme Court and court reform a major issue in 2024.