President Joe Biden reportedly plans to announce his approval for major changes to the U.S. Supreme Court (SCOTUS), including term limits for the justices and the enforcement of an ethics code. This comes, the Daily Caller notes, as Biden and Democrats attempt to “cast the Supreme Court as dangerous” and “out of control.” But conservatives are not falling for such a set up. Rather, notable Republican figures such as House Speaker Mike Johnson (R-La.) have described the proposed changes as nothing short of “absurd.” 

Johnson shared with Fox Business, “First, they propose they wanted to expand the number of justices when things don’t go their way. Then they wanted to impeach a couple of them. Now he wants term limits. It’s absurd.” However, as some have gone on to emphasize, these circumstances wander into the realm of absurdity in more ways than one. As Kelly Shackelford, president and CEO of First Liberty Institute, explained Biden’s plan to support these changes can be summarized as a “radical attempt by a desperate politician” to politicize SCOTUS in his party’s favor.

As The Washington Times pointed out, “The Constitution says a justice, appointed by the president and confirmed by the Senate, may serve for life subject to impeachment.” As such, Johnson argued, adding term limits would “change everything about the tradition and the way that the court is organized.” And as president of the Article III Project Mike Davis highlighted, such changes only prove Biden’s desire “to use the legal system as a weapon against his campaign rival.”

Davis shared on social media, “Biden has repeatedly smeared Trump as a grave threat to America. Biden’s allies have attempted to bankrupt Trump, imprison him for life, throw him off the ballot, and even kill him. Now Biden wants to destroy the Supreme Court, because it is in the way.” Or as Family Research Council President Tony Perkins put it on Thursday’s episode of “Washington Watch,” “Biden appears to be desperate to retain his increasingly tenuous grip as the leader of his party.”

In light of these potential changes, Perkins asked, “[S]hould conservatives respond to this threat to the court?” And is it even something that could actually happen? In response, Shackelford warned, “This is very serious, and people need to pay attention.” Obviously, he added, that Biden is “desperate.” However, “the danger is that 130 different progressive groups have come together for this whole effort to remake the court. And while “they’re trying a lot of different ways … they’re all incredibly dangerous.”

Shackelford explained that every country that has gone forward with such “a horrible political move,” it results in nothing but “a political body” where “the rule of law is gone.” Ultimately, he emphasized, “[W]hatever constitutional right you think you have, you don’t.” Namely because, “[I]f you’re the person in power, you can just add however many justices you want to take away that right.”

According to Shackelford, a similar push happened in the mid-to-late 1930s, but to no avail. He went on to say how we’re seeing a resurgence of those who think establishing term limits is “a good idea.” Well,” Shackelford argued, “that can be debated. [But] the Founders put it in there as [terms for] life because they wanted there to be judicial independence.” And in polling conducted by First Liberty Institute, “over 90% of Americans said that they thought the independence of the judiciary was one of the most critical things about our country.” So, “I don’t think they want to start messing with that,” Shackelford stated.

And of course, he added, what the Democrats are really “doing is they’re saying, ‘We want term limits, and we’re going to start by getting rid of the oldest justices. The ones who have been on there the longest.’” That then, as Shackelford said, would mean “Clarence Thomas goes, [Samuel] Alito goes, [John] Roberts goes,” which is interesting, considering it’s “only the more conservative justices [that would] go [and] none of the liberals.” Not to mention that fact that “the ethics proposal is also really dangerous,” he added. “It’s unconstitutional.”

As he explained, “[J]ust like the court can’t tell the Congress how to do their internal affairs, the Congress has no authority without a constitutional amendment telling Supreme Court justices how to do their job as justices. This is a massive attack on the separation of powers [and] the independence of the judiciary.” This “is just about politicians that want to browbeat, attack, [and] intimidate the justices. … [I]n a partisan move, they’re trying to politicize the court.” Perkins agreed, stating “they dominated the court” then “used the court to impose their policy ideas, which are unpopular with the American people. That’s how the Left has always used the court.”

Shackelford warned that if the changes Biden and the Democrats were to move forward, “[O]ur country will never be the same.” Perkins noted the reality is that “this is just another way at going at control for the court” so they can “force their will on the American people.” Regardless of what side of the aisle you’re on, Shackelford reiterated that anyone who cares “about any of their freedoms” should be opposed to these proposed changes. As Perkins concluded, we ought “to be very, very careful when we start messing” and “tinkering with what the founders established.”