President Joe Biden is aiming to spark a national conversation on Supreme Court reform despite the unlikely possibility of legislative action.
Former New Jersey Superior Court Judge Andrew Napolitano discussed Biden's recent call for Supreme Court reform in an interview with Newsmax on Monday. Napolitano stated, "It's a political statement that he made. He knows that the constitutional amendments that would be required to make these changes couldn't possibly pass between now and the end of his term, six months from now."
Napolitano elaborated that Biden intends to bring this issue into the political debate and the upcoming presidential election campaign. He emphasized, "Whatever you think of the court's decision on immunity, whatever you think of the court's decision on Roe vs. Wade, the court is not a legislature. It does not exist to reflect the views of Republicans or Democrats or even a majority of people."
He added, "The whole purpose of an independent judiciary is to be anti-democratic and to preserve constitutional liberties, whether it's popular or not."
Biden's Monday op-ed in the Washington Post called for term limits, an ethics code for Supreme Court justices, and a constitutional amendment limiting presidential immunity, evidencing his intent to bring these issues to the forefront of political discourse.
Napolitano warned against expanding the number of justices on the Supreme Court in response to unfavorable decisions, stating, "If we get into the business of adding justices to the Supreme Court when we don't like the decisions that the sitting justices made, we will transform the court from a court into a super-legislature, and that will defeat its purpose."
Appearing on "Carl Higbie FRONTLINE," Napolitano addressed Biden's accusation of the court being "weaponized for political purposes." He commented, "When the president of the United States, he's still the president, says the court is being weaponized for political purposes, that simply means he disagrees with the court. Presidents have always disagreed with the court." He referenced historical tensions, noting, "Andrew Jackson once said, famously of John Marshall, the chief justice. He's made his decision now. Let him enforce it."
Napolitano reflected on the historical context, saying, "Presidents have argued and fought with Supreme Court justices going all the way back to the time of Thomas Jefferson. The court is infallible because it's final. It's not final because it's infallible. We need finality in our system, and the wisdom of the Founding Fathers is to repose finality in this court."
While acknowledging that Congress has the power to change the number of justices, he argued against the practicality of such reforms. "Originally, there were five. Then it went to six. Then it went to seven, then nine, then ten, then down to seven. That number is not fixed in stone, but life tenure is fixed in stone," he said. Napolitano cautioned against proposals to have lower court judges evaluate the ethics of Supreme Court Justices, suggesting it would "turn the whole system upside down."
Napolitano concluded that Biden's suggestions are not "serious" or "well thought out," asserting, "It's intended to inject it into the political debate."
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