Joe Biden worries that the “extreme” US supreme court, dominated by rightwing justices, cannot be relied upon to uphold the rule of law.
“I worry,” the president told ProPublica in interview published on Sunday. “Because I know that if the other team, the Maga Republicans, win, they don’t want to uphold the rule of law.”
“Maga” is shorthand for “Make America great again”, Donald Trump’s campaign slogan. Trump faces 91 criminal charges and assorted civil threats but nonetheless dominates Republican polling for the nomination to face Biden in a presidential rematch next year.
In four years in the White House, Trump nominated and saw installed three conservative justices, tilting the court 6-3 to the right. That court has delivered significant victories for conservatives, including the removal of the right to abortion and major rulings on gun control, affirmative action and other issues.
The new court term, which starts on Tuesday, could see further such rulings on matters including government environmental and financial regulation.
Congress cannot impose SCOTUS term limits by statute. For one, Congress lacks enumerated authority to regulate SCOTUS. For another, even if they did, SCOTUS interprets the constitution to mean life terms, which means any simple statute Congress passes is reviewed… by SCOTUS… as facially unconstitutional.
The Constitution is silent as to the number of justices, Congress has determined how many supreme Court justices there will be. That number has been changed over time by Congress. Term limits are no different.
If the supreme Court wants to go that route, it is already been established that Congress can expand the number of justices. Congress can simply expand the number of justices, seat those justices, and then change the terms for Supreme Court justices with the new members voting in favor of the constitutionality of that change.
Even impeaching every Supreme Court Justice would be quicker and easier than the constitutional amendment. Congress unquestionably has the power to impeach Supreme Court justices.