Justice Gorsuch Warns Biden to ‘Be Careful’ With Supreme Court Proposals

By: May Man Published: Aug 05, 2024

Justice Neil Gorsuch is voicing concerns over President Joe Biden’s recent proposals to restructure the Supreme Court’s structure.

In an interview broadcast on “Fox News Sunday,” Gorsuch advised caution, stating, “I just say: Be careful.”

Concerns Raised

Gorsuch—one of President Donald Trump’s three Supreme Court appointees—voiced concerns.

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The official portrait of the Supreme Court Justices seen in 2022.

Source: Public Domain/Wikimedia Commons

This happened just days after Biden reversed his stance to endorse 18-year term limits for justices and proposed legislation for a binding ethics code for the Court.

Jeopardizing Judicial Independence

Gorsuch urged Americans to carefully consider any actions that might jeopardize judicial independence.

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Supreme Court exterior with trees visible and a flag on a pole

Unsplash user Jimmy Woo

“The independent judiciary … What does it mean to you as an American?” Gorsuch questioned during the interview tied to his new book releasing this week.

Importance of Judicial Independence for the Unpopular

He continued, “It means that when you’re unpopular, you can get a fair hearing.”

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A clear and detailed view of the front facade of the U.S. Supreme Court, showcasing the neoclassical architecture and the phrase "Equal Justice Under Law" inscribed above the columns.

Source: Wikimedia Commons

“If you’re in the majority, you don’t need judges and juries to hear you, to protect your rights, if you’re popular.”

High-Stakes Moments

“It’s there for the moments when the spotlight’s on you—when the government’s coming after you.”

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Several Brentwood chairs face the Supreme Court seats on the opposite side of a courthouse

Source: Jackie Hope/Unsplash

“And don’t you want a ferociously independent judge and a jury of your peers to make those decisions?”

Specifics of Biden’s Proposal Unaddressed

Gorsuch did not address the specifics of Biden’s proposal directly.

A photograph of US President Joe Biden speaking at an event

Source: @WHAS11/YouTube

He was not asked about the events that led to Biden’s reversal, such as the 2022 Supreme Court decision on abortion, last month’s ruling on presidential immunity, or the ethics controversies involving Justices Clarence Thomas and Samuel Alito.

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Avoids Political Commentary

However, he did emphasize his stance on judicial independence.

An American flag and a ballot envelope

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Gorsuch clarified that he was not engaging in the presidential campaign or commenting on what has become a contentious political issue.

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Declines to Comment on Political Issues During Election Year

“I’m not going to get into what is now a political issue during a presidential election year,” he remarked.

Gorsuch talking at an event

Source: Jay Godwin/Wikimedia

“I don’t think that would be helpful.”

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Gorsuch Sidesteps Discussion on External Ethics Code

In a separate interview with New York Times columnist David French, published Sunday, Gorsuch avoided discussing the idea of an ethics code enforced by an external body.

Gorsuch speaking in front of an audience

Source: Wikimedia

This comes despite Justice Elena Kagan’s recent support for such a mechanism, as she had highlighted the lack of enforcement in the Court’s current ethics policy.

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Commenting on Colleague’s Proposal Inappropriate

Gorsuch suggested that commenting on his colleague’s proposal would be inappropriate since Biden had already addressed the issue publicly.

President Joe Biden speaking at a podium outdoors, wearing a blue suit and orange ribbon

Source: Wikimedia Commons

He noted that the topic was now being “intensely discussed by the political branches.”

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Humorous Response

Gorsuch did, however, humorously respond to the idea of limiting justices to 18-year terms.

A large white courthouse with an American flag waving at half mast

Source: Jonas Ekstomer/NDLA

He stated, “I look forward to a few years of fly fishing.”

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Gorsuch to Promote Book with Interviews

Gorsuch is expected to continue promoting his book with a series of interviews this week.

Books in Black Wooden Book Shelf

Source: Pixabay/Pexels

This includes an event at the Reagan Library in California.

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