Justice Gorsuch Defends Judicial Independence Amid Biden’s Reform Proposals

Supreme Court Justice Neil Gorsuch voiced his concerns about President Joe Biden’s proposed Supreme Court reforms in a recent interview on Fox News Sunday. Following his decision not to seek re-election, Biden has put forward significant changes for the Court, sparking debate across the political spectrum.

Biden’s plan includes imposing term limits on Supreme Court justices and establishing a formal code of conduct. Additionally, he proposes a constitutional amendment to eliminate criminal immunity for former presidents. These proposals have drawn criticism from conservatives who see them as attempts to undermine judicial independence.

Justice Gorsuch, speaking with Shannon Bream while promoting his new book “Over Ruled: The Human Toll of Too Much Law,” addressed these concerns. Although he refrained from delving into the political aspects, Gorsuch emphasized the critical role of an independent judiciary.

“An independent judiciary means that when you’re unpopular, you can get a fair hearing under the law and the Constitution,” Gorsuch said. “It’s for those moments when the government is targeting you that you need a fiercely independent judge and jury.”
He concluded with a cautionary note, saying, “Be careful,” underscoring the potential dangers of compromising judicial independence.

The impetus behind Biden’s proposals appears to be the Supreme Court’s current 6-3 conservative majority, which may remain for a long time if Trump is re-elected. Recent decisions by the Court, such as limiting the power of federal agencies (Loper Bright) and overturning Roe v. Wade (Dobbs), have intensified the debate over its role.

Conservatives believe these rulings are crucial for protecting civil liberties against the perceived overreach of Biden and his administration. Gorsuch’s focus on maintaining judicial independence resonates with those who view the proposed reforms as a threat to the Court’s role.