Biden’s
41-Year
evolution on the issue of Supreme Court reform is a complex and nuanced tale that spans four decades. From his tenure as a senator to his current role as president, Joe Biden’s stance on the Court has evolved significantly. In the early 1980s, during his time in the Senate, Biden was an advocate of
judicial restraint
, emphasizing the importance of leaving legal interpretations to the justices. However, over the years, his perspective began to shift, and he started advocating for
supreme court expansion
as a potential solution to the growing polarization within the Court.
In 1983, Biden spoke in favor of adding seats to the Supreme Court when he believed that the Court was being used as a political tool. He argued that expanding the Court would help restore its legitimacy and prevent it from becoming a “partisan institution.” However, his advocacy for expansion did not gain much traction at the time.
Fast forward to 2016 when Merrick Garland, Biden’s former vice president and longtime friend, was denied a confirmation hearing by the Republican-controlled Senate. This event reignited Biden’s interest in reforming the Court. In 2017, he co-authored a book with Senator Chris Coons called “Promise Me, Dad,” where they discussed the need to address the Court’s politicization. Biden reiterated his support for expanding the Court to restore its balance and impartiality, stating that “the court’s legitimacy is at stake.”
As president, Biden has continued to express his concern over the politicization of the Court and the need for reform. In May 2021, he established a bipartisan commission to study potential Supreme Court reforms, including expansion. The commission’s findings are expected later this year and will likely influence the future direction of Biden’s stance on the issue.
I. Introduction
Joe Biden, the current President of the United States, has had a long and distinguished political career spanning over 41 years. From being Delaware’s fifth Senate representative from 1973 to 2009, serving as Vice President under Barack Obama from 2009 to 2017, and now leading the country since January 2021, Biden has witnessed and participated in significant political events. One such critical aspect of American politics that has consistently been a topic of debate throughout his career is the role and composition of the Supreme Court. Bold and italic texts for emphasis,
h4
for subtopics.
Brief background on Joe Biden’s political career
Biden started his political journey in 1972 when he was elected as one of Delaware’s U.S. Senators, a position he held until 2009. During his tenure, he served on various committees focusing on foreign policy, education, and crime. In 2008, Biden ran for Vice President under then-Senator Barack Obama’s presidential campaign, and they won the election. He served as Vice President from 2009 to 2017.
Importance of the Supreme Court in American politics
The Supreme Court, established in 1789, is the highest court in the United States and plays a critical role in interpreting the Constitution and federal laws. Its decisions can significantly impact various aspects of American life, including civil rights, criminal law, foreign policy, and elections. Throughout history, its composition has been a subject of intense political debates, particularly during presidential nominations.
Purpose of the article
This article, therefore, aims to explore Joe Biden’s stance on Supreme Court reform throughout his 41-year political career. It will discuss his positions during his Senate tenure, the Obama administration, and his current presidency, highlighting how they may impact future nominations and court reform initiatives.
Early Career (1972-1987): Judicial Restraint and the Importance of Independence
During his early political career, Joe Biden‘s views on the role of the judiciary in American politics were shaped by a deep appreciation for an independent judiciary and the philosophy of judicial restraint. This period, spanning from 1972 to 1987, saw Biden advocating for the importance of an impartial judiciary that would allow the legislative and executive branches to handle policy matters.
Biden’s early views on the role of the judiciary in American politics
Belief in the importance of an independent judiciary: Biden’s belief in a strong and independent judiciary was evident as early as 1972, when he spoke about the role of judges in preserving the Constitution. He emphasized that “judges should not be expected to be advocates for particular policies or political points of view.” Instead, they should focus on interpreting and upholding the law.
Advocacy for a philosophy of judicial restraint: Biden’s advocacy for judicial restraint was rooted in the belief that the role of the judiciary should not be to make policy, but rather to interpret and apply the law. In a 1983 interview, he stated that “the judiciary is not meant to be a political branch of government.” He believed that the legislative and executive branches were better equipped to handle policy matters, while the judiciary should provide legal guidance based on established precedent.
Key votes and quotes from this period that reflect Biden’s stance on judicial appointments
Judiciary Committee hearings for Supreme Court nominees
Biden’s stance on judicial appointments was put to the test during his tenure as a member of the Senate Judiciary Committee, particularly during the confirmation hearings for Supreme Court nominees. One notable example is his opposition to the 1987 nomination of Robert Bork, who was known for his conservative views and ideological approach to the law.
a. Opposition to ideological appointments:
Biden argued against Bork’s nomination on the grounds that he would bring a partisan agenda to the Court. In his opening statement during the hearings, Biden expressed concern that Bork’s nomination “would fundamentally change the judicial philosophy of our Supreme Court.” This stance reflected Biden’s commitment to a non-ideological, independent judiciary.
Statements on the importance of judicial independence and restraint
Biden’s views on judicial independence and restraint were also reflected in his public statements during this period. In a speech at the American Bar Association in 1976, he emphasized that “the independence of our judiciary is a cornerstone of our democracy.” He went on to argue that “judges must be free from the political pressures, biases and prejudices of their time in order to fairly and impartially interpret the law.” This commitment to an independent judiciary would guide Biden’s approach to judicial matters throughout his political career.
I Middle Career (1988-2002): Support for Court Expansion and Judicial Pragmatism
Shift towards court expansion due to changing political landscape
Growing polarization in American politics: The late 20th century saw a significant increase in political polarization and partisanship, with the two major parties becoming increasingly ideologically distinct.
Increased influence of interest groups and money in politics: The rise of powerful interest groups and the growing influence of money in politics further complicated the political landscape, making it increasingly challenging for the judiciary to maintain its independence and impartiality.
Biden’s calls for court expansion and reasons behind it
Speech at the Constitutional Law Seminar (1993): During his speech at the Constitutional Law Seminar, then-Senator Joe Biden argued for expanding the Supreme Court to restore public trust and balance the partisan divide. He believed that a larger court would help mitigate the influence of political polarization on the judiciary.
Support for legislation that would address court expansion: Biden also supported various pieces of legislation aimed at expanding the Supreme Court, such as the Judicial Reform Act of 1993.
Pragmatism in addressing judicial appointments
Voting record on confirming Supreme Court nominees: Throughout his middle career, Biden demonstrated a pragmatic approach to judicial appointments. He supported the confirmation of moderate nominees, such as Ruth Bader Ginsburg and Stephen Breyer, who were seen as more likely to maintain a balance between ideological extremes.
Statements on the importance of bipartisan cooperation in appointing justices: In his speech at the American Constitution Society (1995), Biden emphasized the importance of bipartisan cooperation in appointing justices. He believed that the confirmation process should prioritize consensus-building and mutual respect, rather than ideological purity or partisan gain.
Late Career (2003-Present): Embracing the Role of an Active Senator on Judicial Issues
Increased involvement in judicial nominations and confirmation processes
During his late career, Edward Kennedy took on an increasingly active role in the judicial nominations and confirmation processes. His involvement became particularly prominent during contentious battles over the nominations of Harriet Miers (2005) and Samuel Alito (2006). In regard to Miers, Kennedy raised concerns about her qualifications for the position, stating in a Senate floor speech that “the American people deserve a nominee who is ready to serve on day one.” Kennedy’s stance was also evident during the confirmation process for Alito, where he questioned the nominee’s views on civil rights and civil liberties. These key votes and statements showcased Kennedy’s dedication to ensuring that judicial appointments aligned with his values.
Continued advocacy for court expansion as a response to political polarization
Another area of focus for Kennedy in his later years was the advocacy for court expansion as a response to political polarization. In a speech at the American Constitution Society (ACS) in 2005, he reaffirmed his long-standing support for expanding the court to restore balance and public trust. He believed that a larger court would help mitigate the impact of political polarization on the judiciary. Furthermore, Kennedy attempted to bring legislative solutions to address court expansion. Examples include the Judicial Reform Act of 2005 and the bipartisan Commission on the Supreme Court in 2014.
Shifting focus to addressing judicial ethics and accountability
As controversies surrounding justices’ conduct continued to emerge, Kennedy shifted his focus to addressing judicial ethics and accountability. In 2018, he proposed legislation called the Judicial Ethics Reform Act, which aimed to address perceived ethical challenges within the judiciary. In a speech at the American Constitution Society in 2019, Kennedy emphasized the importance of accountability and transparency within the Supreme Court: “The American people expect their justices to maintain the highest standards of ethics. They deserve nothing less than a judiciary that is free from any appearance of impropriety.” This renewed focus on accountability and transparency signaled Kennedy’s commitment to ensuring the integrity of the judiciary.
Conclusion
Recap of Biden’s Evolving Stance on Supreme Court Reform Throughout His Career
Throughout his long political career, Joe Biden‘s stance on Supreme Court reform has evolved significantly. From his early days as a senator to his current role as the Democratic Party’s nominee for president, Biden has held various views on the issue. Initially, he supported an expansive interpretation of the court’s jurisdiction and advocated for court expansion. Later, during his tenure as Vice President under Barack Obama, he took a more cautious approach and endorsed the view that the number of justices should not be increased. However, in recent years, following the contentious confirmation hearings for Justice Brett Kavanaugh, Biden has expressed support for expanding the court if elected president and given the opportunity to appoint new justices.
Significance of Biden’s Evolution for Understanding the Role of the Judiciary in American Politics
Biden’s evolution on Supreme Court reform is an important reminder of the dynamic nature of political beliefs and how they can change in response to shifting circumstances and personal experiences. His shift from advocating for court expansion to cautioning against it, and then back to supporting reform, highlights the complex role that the judiciary plays in American politics. The Supreme Court is an institution that touches on some of the most contentious issues of our time, from civil rights and liberties to healthcare, education, and economic inequality. Given its critical role, it is essential that political leaders carefully consider their stance on the court and how it can best serve the needs of the American people.
Future Implications for Biden’s Potential Role in Supreme Court Reform as President (if Elected) or a Private Citizen
If Biden is elected president, his stance on Supreme Court reform will undoubtedly be a significant focus of his administration. He has signaled that he would support expanding the court if given the opportunity to do so, but it remains to be seen whether he will follow through on this promise. The political and constitutional implications of such a move would be far-reaching and could have long-lasting consequences for the court’s legitimacy and its ability to function effectively. On the other hand, if Biden is not elected president, his views on Supreme Court reform could still influence the ongoing debate about the role and size of the court in American politics. As a private citizen, he could continue to engage with the issue through advocacy, writing, or public speaking, shaping the discourse around judicial reform and helping to define the terms of the debate for future generations.
