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American Voters Don’t Like Dems’ Plans to Reshape SCOTUS

August 22, 2024

After a string of originalist constitutional rulings, including overturning Roe v. Wade in 2022, the U.S. Supreme Court has become a target for Democrats. According to a recent survey, however, the majority of Americans oppose Democrat-led efforts to manipulate the court.

First Liberty Institute and Mason-Dixon Polling and Strategy published a survey this week, which found that nearly 60% of Americans oppose adding justices to the court, a practice referred to as “court-packing.” A majority of voters also agreed that efforts “to expand the membership of the U.S. Supreme Court are primarily motivated by political objectives.” The poll also found that 57% of Americans think that another branch of government imposing an “ethics code” on the court would undermine an independent judiciary. However, 52% of Americans expressed support for term limits for justices.

Overall, 52% of Americans polled oppose constitutional amendments to reshape the court. However, that number has declined in recent years. Last year alone, 60% of Americans opposed constitutional amendments to reshape SCOTUS, and 66% opposed such measures in 2021.

Last month, President Joe Biden introduced a series of new measures to influence the makeup and functioning of the court via constitutional amendments. One amendment would enforce an “ethics code” to be devised by Congress. Democrats have been accusing Supreme Court justices — namely Clarence Thomas and Samuel Alito, considered the court’s two foremost originalists — of ethics violations. Left-wing publications, such as ProPublica, have accused Thomas and Alito of hiding friendships with wealthy conservative donors, which Democratic lawmakers have likened to bribery.

Biden’s proposed “reforms” would also include imposing term limits on justices. The potential 18-year term limits would automatically apply to Chief Justice John Roberts, who has served on the court for 19 years, as well as Thomas, who has served for 33 years, and Alito, who has served for 18 years. Another proposed amendment would undo a recent court ruling clarifying presidential immunity. Roberts wrote the opinion, which has sparked significant backlash from Democrats and leftists, including calls for Biden to assassinate Republican presidential nominee and former President Donald Trump.

The poll from First Liberty Institute also found that 87% of American voters agree that an “independent judiciary is a crucial safeguard of our civil liberties.” This follows Justice Neil Gorsuch explaining in a recent interview that Biden’s court-centered constitutional amendments threaten the independent judiciary. “The independent judiciary … 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,” Gorsuch said. “If you’re in the majority, you don’t need judges and juries to hear you and protect your rights — you’re popular.” The Trump-appointed justice asked, “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?”

Addressing Biden’s proposed changes, Gorsuch added, “And so I just say, ‘Be careful.’”

S.A. McCarthy serves as a news writer at The Washington Stand.