Biden Slams Supreme Court, Says There’s Never Been a “Court That’s So Far Out of Step”

By: Julia Mehalko | Published: Jun 16, 2024

President Joe Biden slammed the U.S. Supreme Court during a fundraiser held in Los Angeles alongside former President Barack Obama and actor George Clooney.

Biden also took the time to warn those in attendance that the next president elected could place two new justices on the Supreme Court — something that he says could be worrisome if former President Donald Trump is elected.

Biden Comments on the Supreme Court

Biden’s recent comments come as the Supreme Court has faced much controversy thanks to the recent moves of two justices, Justice Clarence Thomas and Justice Samuel Alito.

People walking in front of the U.S. Supreme Court.

Source: Joshua Woods/Unsplash

Many liberal lawmakers have called out the justices and even pushed for them to recuse themselves from some upcoming cases concerning the January 6 Capitol riot and Trump’s potential immunity.


An “Out of Step” Court

During the fundraiser in Los Angeles, talk inevitably turned to the Supreme Court and some of their recent decisions and controversies.

The official portrait of the Supreme Court Justices seen in 2022.

Source: Public Domain/Wikimedia Commons

This resulted in Biden explaining, “This has never been a court that’s so far out of step.”

Alito’s Flag Controversy

Biden also discussed the recent Alito flag controversy that has made headline news for the past few weeks. Two controversial flags were flown at Alito’s homes in the past, drawing criticism from much of the left.

A close-up of a red, white, and blue American flag.

Source: Samuel Branch/Unsplash

Biden criticized these flag moves, notably the upside-down flag — which tends to be seen as a sign of distress — that was allegedly flown by Alito’s wife.

The Next President’s Opportunities

The present explained to the crowd at this fundraiser that the next elected president may have the opportunity to place two new justices on the Supreme Court. If that next president is Trump, Biden asserted that this could be bad.

President Joe Biden in front of a podium with Vice President Kamala Harris and an American flag behind him.

Source: Public Domain/Wikimedia Commons

Biden said that if Trump wins the election, “he’s going to appoint two more [justices] flying flags upside down.”

A Scary Trump Presidency?

Biden claimed that Trump’s potential ability to place two more justices on the Supreme Court if he wins November’s election could be incredibly concerning.

Donald Trump in front of a microphone.

Source: Gage Skidmore/Wikimedia Commons

He even explained that this opportunity Trump may have, if he wins, remains “one of the scariest parts” of a possible Trump term.


Biden Opens Up About Court’s Rulings

Since the Supreme Court struck down Roe v. Wade, Biden has openly criticized the court and its decisions. Now, reproductive freedom remains a huge talking point for Biden’s campaign.

The Supreme Court seen during sunset underneath a blue sky.

Source: Ian Hutchinson/Unsplash

During this fundraiser, Biden talked about how Justice Thomas previously discussed potentially reconsidering the court’s past rulings on same-sex marriages and contraception.


Going After a Conservative Court

Biden bashed the conservative court and Thomas’ insinuation that they would overturn past rulings on same-sex marriages and birth control. At one point, an attendee even shouted their worries about gay rights being taken away again.

The U.S. Supreme Court seen underneath a cloudy blue sky.

Source: Claire Anderson/Unsplash

To this, Biden reassured the attendee and the rest of the crowd, saying that this wouldn’t happen under his watch.


The Supreme Court’s Recent Controversies

Since the Roe v. Wade ruling, justices of the Supreme Court have found themselves under a telescope — and have subsequently found themselves involved with a few different controversies.

The official portrait of Supreme Court Justice Clarence Thomas.

Source: Public Domain/Wikimedia Commons

Justice Thomas has recently been found to have accepted millions of dollars in gifts, lodging, and exclusive trips from billionaires, most notably conservative billionaire Harlan Crow.


Fighting for Ethics

This has led many in the public — and an increasing amount of lawmakers — to demand that the court have some level of ethical guidelines they must follow.

An official photo of the Supreme Court Justices seen in 2022.

Source: Public Domain/Wikimedia Commons

Most recently, Democratic Representatives Alexandria Ocasio-Cortez and Jamie Raskin have decided to put forth legislation that would make Supreme Court justices follow the same ethics rules that Congress must. As a result, justices wouldn’t be able to receive gifts over $50.


Alito and Recusal

Meanwhile, Justice Alito has had his fair share of public controversies thanks to the revelation that his homes flew two controversial flags — flags that were seen in abundance during the January 6 Capitol riot.

The official portrait of Supreme Court Justice Samuel Alito.

Source: Public Domain/Wikimedia Commons

While Alito has blamed his wife for both of these incidents, many Democrats have called on the justice to recuse himself from upcoming cases involving Trump and January 6. Alito has refused these calls of recusal so far.


Biden’s Campaigning Moves

Therefore, these recent comments by Biden come as many left-leaning voters have become increasingly disappointed with the Supreme Court as a whole, thanks to recent rulings and controversies. By reminding people that the next president could place new justices, Biden’s hoping to encourage people to get out and vote.

President Joe Biden wearing sunglasses talking in front of a podium outside.

Source: Public Domain/Wikimedia Commons

While many liberals have become dissatisfied with the court, new studies have indicated that the U.S. population as a whole — including both conservatives and liberals — doesn’t like these recent decisions, as only 40% approve of the Supreme Court.