Elizabeth Warren, a senator from Massachusetts, gave an interview with CNN on Sunday asserting that the Supreme Court is now an institution that is causing harm to democracy.
Warren’s comments encapsulated the feelings of many in the wake of recent controversial rulings from the court. Her comments also came just before President Joe Biden announced change proposals to the Supreme Court on Monday.
Jumping the Guardrails
On CNN’s State of The Union, Warren railed against the Supreme Court’s decision about presidential immunity, seeing it as enabling executive dictators.
“Right now, we have a Supreme Court that has basically jumped the guardrails and is out there giving power to the president, saying that the president can commit any act that the president wants,” Warren said.
Crowning Kings
A Supreme Court decision from early July established a criminal prosecution immunity for US presidents around certain actions they take while in office. The 6-3 decision was decried by the dissenting justices, who saw it as creating a “new paradigm.”
“Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today,” wrote Justice Sotomayor. “Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. The relationship between the president and the people he serves has shifted irrevocably. In every use of official power, the president is now a king above the law.”
Undermining Our Democracy
Warren continued her criticism of the Supreme Court as an institution, feeling like their rulings are uprooting the democratic process.
“We’ve got a Supreme Court that is actively undermining our democracy,” Warren said.
Calling for Reform
Democrat politicians are now increasing calls for court reform after the high court’s recent rulings.
“I’m going to call for Supreme Court reform because this is critical to our democracy,” Biden said in an Oval Office speech on July 24.
Popularity of Reform
These increasingly louder calls from politicians to reform the court are reflected among many Americans as well.
According to Data for Progress, 74% of voters support justice term limits, and 77% support the Supreme Court adopting a binding code of ethics.
Washington Post Article
In an article published by the Washington Post on Monday, President Biden outlined proposals to reform the court and “ensure no president is above the law.”
“We can and must prevent the abuse of presidential power and restore the public’s faith in our judicial system,” Biden wrote.
No One is Above the Law
In the Biden Washington Post piece, the President asserts his commitment that no single person in the United States is above the law.
“This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No one,” wrote Biden.
No Limits
Biden argues that the Supreme Court decision granting increased presidential immunity to being prosecuted has shattered this simple American principle.
“But the Supreme Court’s 6-3 decision on July 1 to grant presidents broad immunity from prosecution for crimes they commit in office means there are virtually no limits on what a president can do. The only limits will be those that are self-imposed by the person occupying the Oval Office,” wrote Biden.
Roe v. Wade
The President also took a moment to mention the decision to overturn the legal precedent set by Roe v. Wade, which threw abortion rights across the country into turmoil.
“On top of dangerous and extreme decisions that overturn settled legal precedents — including Roe v. Wade — the court is mired in a crisis of ethics,” Biden wrote.
Constitutional Amendment
Biden tersely called in the piece for a constitutional amendment to overrule the SCOTUS ruling, wanting to return to being a “nation of laws.”
“I am calling for a constitutional amendment called the No One Is Above the Law Amendment. It would make clear that there is no immunity for crimes a former president committed while in office,” wrote Biden. “I share our Founders’ belief that the president’s power is limited, not absolute. We are a nation of laws — not of kings or dictators.
Term Limits
Among other reforms Biden demanded were term limits for the Supreme Court, allowing a president to appoint a justice every two years. Biden also called for a “common sense” code of conduct.
“Justices should be required to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest,” wrote Biden. “Every other federal judge is bound by an enforceable code of conduct, and there is no reason for the Supreme Court to be exempt.”
