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The Democrats’ Plan to Radically Transform the Supreme Court Is Unconstitutional

Biden's proposed reforms to the Supreme Court, including term limits, are not only radical and unprecedented, but also unconstitutional in some aspects.

Supreme Court justices are not elected, but the entire Supreme Court may as well be on the ballot this fall. Democrats are not waiting until after the election to make known their radical plans for the nation’s high court. Just last week, Oregon Sen. Ron Wyden (D) introduced a bill to add six justices to the Supreme Court and impose a new “code of conduct” on the justices. This follows President Biden’s proposed court reforms, which include term limits and the ability for each presidential term to appoint at least two new justices.

Democrats‘ plans for the high court are not only radical and unprecedented, but unconstitutional in some aspects. “Term limits would require an amendment to the Constitution,” says Andrew Cherkasky, former federal prosecutor in an interview with Fox News. “The Constitution demands Supreme Court justices have a term for life, so that’s an initial hurdle to this radical idea.”

Cherkasky’s comments reveal a troubling presumption by the Biden-Harris administration that they possess the authority to effectively nullify laws that conflict with their radical agenda. This mindset suggests that they believe they can sidestep the legislative process and the will of the people to impose their extreme policies. Such a belief not only undermines the foundational principles of our democracy but also signals a dangerous overreach of executive power.

Will the Supreme Court Look the Same after November?

As for court-packing, it is technically legal. There is no Constitutional restriction on the number of justices, and the number has been changed multiple times in history. But a massive expansion like Wyden is proposing would radically alter the court and lead to unintended consequences. “Be careful what you’re asking for,” says Cherkasky. “Imagine if they were to pass that right now, then the Trump administration, if he gets reelected, could now have a super duper majority on the court.”

The Biden-Harris administration, with its radical policies and sweeping agenda, poses a significant threat to the very fabric of American democracy—a far graver threat than anything purportedly presented by Donald Trump. Imagine if the Trump administration had proposed such a drastic transformation of the Supreme Court. The woke mainstream media would have been in uproar, decrying him as a dictator. Yet, there’s a conspicuous silence now that it’s Biden and Harris pushing these extreme measures.

As Americans dedicated to upholding the Constitution and preserving the integrity of the Supreme Court, we cannot stand by and watch these drastic plans unfold without a word of dissent. It’s crucial to voice our opposition and remind the current administration that their proposal to radically transform the Supreme Court to further their agenda is not only unconstitutional but deeply un-American. 

Jay Shepard

Jay Shepard

Jay is a Director of The American Center for Education and Knowledge, a 501-c3 non-profit committed to protecting the ideals of individual rights, freedom of will and personal responsibility while defending American exceptionalism. Jay was elected as the National Committeeman to the Republican National Committee for Vermont in both 2012, 2016 and 2020.