Justice Neil Gorsuch has a word of warning for Americans who believe changing the court will be the magical fix we all need. “Be Careful.”

As we’ve reported, Joe Biden is attempting one last stand against The Supreme Court in his few remaining months in office.

He’s pandering, yet there are many who are taking this way too seriously. 

There is a crisis of confidence facing the Supreme Court. That is why President Biden and I are calling on Congress to pass critical reforms that will help restore confidence in the Court and strengthen our democracy. pic.twitter.com/ypl5zlLDdu

— Vice President Kamala Harris (@VP) July 29, 2024

This is Joe’s bid to supposedly restore trust and accountability to the legal system. 

No Immunity for Crimes a Former President Committed in Office: President Biden shares the Founders’ belief that the President’s power is limited—not absolute—and must ultimately reside with the people. He is calling for a constitutional amendment that makes clear no President is above the law or immune from prosecution for crimes committed while in office. This No One Is Above the Law Amendment will state that the Constitution does not confer any immunity from federal criminal indictment, trial, conviction, or sentencing by virtue of previously serving as President.

Term Limits for Supreme Court Justices: Congress approved term limits for the Presidency over 75 years ago, and President Biden believes they should do the same for the Supreme Court. The United States is the only major constitutional democracy that gives lifetime seats to its high court Justices. Term limits would help ensure that the Court’s membership changes with some regularity; make timing for Court nominations more predictable and less arbitrary; and reduce the chance that any single Presidency imposes undue influence for generations to come. President Biden supports a system in which the President would appoint a Justice every two years to spend eighteen years in active service on the Supreme Court.

Binding Code of Conduct for the Supreme Court: President Biden believes that Congress should pass binding, enforceable conduct and ethics rules that require Justices 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. Supreme Court Justices should not be exempt from the enforceable code of conduct that applies to every other federal judge.

As many knowledgeable folks are pointing out, all three of these are non-starters. The first two items would require a Constitutional Amendment to pass, and the third if passed as a statute has some serious legal problems of its own. Can you imagine a Constitutional Convention taking place in today’s political climate? Especially when many, including too many politicians on BOTH sides of the aisle have little to zero knowledge of how our Republic is actually supposed to work.

Jonathan Turley also points out that many very important decisions by the Supreme Court over the decades were made AFTER that 18 yr window.

It’s a safe bet that the Democrats will bluster, bloviate, and pander until Election Day. If Democrats prevail, they will push for this, to the detriment of this country.

Not even hiding it. If the Democrats win control, it's the end of the independent American judiciary – and the end of the Constitution it's charged with safeguarding. https://t.co/7XERQZmW9Z

— Dan McLaughlin (@baseballcrank) August 3, 2024

Gorsuch raised two key points in an interview with David French that I believe dovetail neatly into his warning.

First, we are a Republic of laws, and some laws ARE necessary. But too many laws can have a negative impact upon us all whether we realize it or not. 

Washington called that “ordered liberty.” But the founders also knew that too much law poses some dangers as well. James Madison talked about that in The Federalist, and he said a couple of things happen. One, you start losing your liberties. And two, it impacts different populations differently.

Too many laws end up with citizens unable to clean up their own backyards of toxic waste unless the federal government gives permission to do so. Secondly, it’s important to note that this country is predicated on WE THE PEOPLE. 

We’re approaching the 250th anniversary of the Declaration of Independence, right? And three great ideas there: We’re all created equal, we all have inalienable rights and the legitimacy of the government stems from the consent of the governed. Those are radical ideas, and to start a constitution with “we the people” was a radical idea.

~Snip

And I think that’s what our system of government was designed to take advantage of or to tap into, right? That’s why we have two houses of Congress — right? — bicameralism. And it has to have this sent to the president to override — presentment, we call it. And there we bring all ideas to bear. Everywhere, all voices come into our laws. And there has to be some compromise.

And yes, it’s hard. It was intended to be hard. And we can tap into everybody’s wisdom. We lose that when we don’t, when we don’t exercise the legislative process.

Which brings me back to the warning Gorsuch issued this morning. 

Rare and powerful clip from this morning. Justice Neil Gorsuch comments on Biden's proposed reforms of the Supreme Court.pic.twitter.com/I5qnBXAZj3

— Citizen Free Press (@CitizenFreePres) August 4, 2024

Here’s what he said.  

I have one thought to add: It is that the independent judiciary means — what does it mean to you as an American? It means that when you’re unpopular, you can get a fair hearing under the law and under the Constitution. If you’re in the majority, you don’t need judges and juries to hear you and protect your rights — you’re popular.

It’s there for the moments when the spotlight’s on you, when the government’s coming after you. And don’t you want a ferociously independent judge and a jury of your peers to make those decisions? Isn’t that your right as an American? And so, I just say, “Be careful.”

I unequivocally agree with him on this. Our judiciary should follow the law, not weaponize it. Furthermore, we need a judicial system that is ferociously independent and focuses on the LAW, not the political wind of the moment. 

So yes, “be careful” of what you wish for. The Pandora’s box can be a trickster. 

Feature Photo Credit: 2017 photo by Franz Jantzen, Collection of the Supreme Court of the United States, public domain via Wikipedia, cropped and modified