Joe Biden, Kamala Harris, Trump
(AP Photo/Carolyn Kaster, File)

By Mark Oliva, NSSF

President Joe Biden doesn’t plan on quietly exiting the political arena. He’s taking one last shot – albeit a wild swing – at the U.S. Supreme Court.

Call it a dog whistle to the progressive wing of the Democratic Party that’s been targeting the U.S. Supreme Court for a wide-variety of issues, a get-out-the-vote ploy to boost Vice President Kamala Harris in her bid for The White House as she replaces him on the party ticket or just sour grapes over a series of decisions – including those on gun control – that President Biden despises. Any and all could be true. What’s clear is President Biden’s play to remake the Supreme Court in his image would give gun control supporters an opportunity to wipe out recent rulings by the Supreme Court, including on the Second Amendment and restraining Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulatory overreach.

Parting Shot

President Biden announced his plan for U.S. Supreme Court that would upset the balance of power between the Executive, Legislative and Judicial Branches of the U.S. Government. He proposes to do away with lifetime appointments to the Supreme Court that keeps the justices above the political fray and instead, proposes term limits of 18 years, essentially guaranteeing sitting presidents that will follow him in the Oval Office of at least two appointments during a presidential administration.

“Term limits would help ensure that the Court’s membership changes with some regularity; make timing for Court nominations more predictable and less arbitrary; and reduce the chance that any single Presidency imposes undue influence for generations to come,” The White House press office published in a Fact Sheet of President Biden’s proposed Court overhaul. “President Biden supports a system in which the President would appoint a Justice every two years to spend eighteen years in active service on the Supreme Court.”

It would also render the Supreme Court an extension of politics of the day. That’s not what the Founding Fathers envisioned. The Founders wisely wanted a judiciary that was above the political fray. The White House argued that the United States is the “only major constitutional democracy that gives lifetime seats to its high court Justices.”

Smarter than the Founders?

That’s because the U.S. Supreme Court is a uniquely American idea. It is “distinctly American in concept and function,” said Chief Justice Charles Evans Hughes, the 11th Chief Justice of the Supreme Court. It underscores what Alexander Hamilton and James Madison wrote about the Court’s role in the Federalist Papers. Hamilton argued that the Supreme Court ensured the will of the people, expressed through the U.S. Constitution, would be untethered to the will of the legislature, which can sway back and forth. Madison argued that the Court would protect the Constitution from politics and political bargaining, instead residing with the “reasoned judgement of independent judges.”

President Biden, though, thinks he’s got a better idea than the Founding Fathers. He’d rather tether the Supreme Court to political wills, an extension of the Executive Branch’s notions instead of being moored to the U.S. Constitution.

Just four years ago, when President Biden was campaigning for election, he told CBS’s 60 Minutes, “The last thing we need to do is turn the Supreme Court into just a political football – whoever has the most votes gets whatever they want. Presidents come and go. Supreme Court justices stay for generations.”

Former Attorney General Warns

Still, former U.S. Attorney General William Barr is warning that President Biden’s proposals are dangerous.

“In truth, ‘court reform’ is nothing more than a desperate attack to subvert the legitimacy of the Supreme Court because it contains a majority of justices committed to the Constitution and originalism,” he wrote in a Fox News op-ed. “If this coup succeeds, the rule of law will be over as the judiciary will become little more than a political tool of whomever holds power.”

Former AG Barr added, “Congress has no business interfering with the actions of the judiciary.  It is the separation of powers into three district branches of government that makes our nation strong. To protect religious freedom and all of our cherished liberties, judges must be able to make decisions without fear of partisan retribution from the executive or legislative branches.  Biden and Harris’ ‘court reform’ would destroy that.”

Antigun Congress Complicit

This isn’t the first time President Biden’s talked about tinkering with the Court. President Biden issued an Executive Order in 2021 forming the Presidential Commission on the Supreme Court of the United States. The commission’s final report was submitted in December 2021 that explored expanding the Court and introducing term limits.

President Biden wasn’t alone in his agenda to style the court in his image. Capitol Hill politicians have demanded the Supreme Court reflect their political agenda or face their wrath. Senate Majority Leader Chuck Schumer (D-N.Y.) infamously threatened Supreme Court justices while the Court was considering an abortion case in 2020.

“I want to tell you, Gorsuch… I want to tell you Kavanaugh…, you have released the whirlwind, and you will pay the price,” Sen. Schumer said. “You won’t know what hit you if you go forward with these awful decisions.”

That’s not the only time, though, that political zealotry has overtaken the longstanding norms regarding elected representatives’ respect for the independence of the judiciary. Sen. Sheldon Whitehouse (D-R.I.) took direct aim at the Supreme Court, particularly on matters of gun rights and gun control, when he wrote in an amicus brief arguing against NYSRPA v. City of New York, “Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’ Particularly on the urgent issue of gun control, a nation desperately needs it to heal.” The irony of Sen. Whitehouse’s threat is stunning.

Vice President Rides Shotgun

President Biden has already picked up other supporters with his Court reform agenda and it’s not surprising why. For obvious reasons Vice President Kamala Harris publicly supported the term limits that would automatically replace justices that haven’t decided firearm-related cases the way the Biden-Harris administration team would like. That was a departure from nearly four years ago when then-Sen. Harris refused to answer a question about packing the Supreme Court. But now that the Court has ruled several times in the past few years against the wishes of gun control activists – including President Biden, Vice President Harris and those staffing The White House Office of Gun Violence Prevention – the very justices this “reform” package targets are the pro-Second Amendment justices that could be the first to go. That’s because they’re the senior-most, longest tenured justices on the bench; including Justice Clarence Thomas (32 years), Chief Justice Roberts (18 years) and Justice Alito (18 years)—all of whom have voted in favor of protecting Second Amendment rights.

“Are you and Joe Biden going to pack the Court if Judge Amy Coney Barrett is confirmed?” then Vice President Mike Pence asked then-Sen. Harris, explaining Supreme Court vacancies have been filled 29 times during election years. “But your party is actually openly advocating adding seats to the Supreme Court which has had nine seats for 150 years if you don’t get your way. This is a classic case of if you can’t win by the rules, you’re going to change the rules.

That’s what appears to be happening now. The Founders anticipated that this, too, may come to pass. That’s why they raised a high bar for any such changes if the political players didn’t like how the Supreme Court was deciding the cases before it. To change the lifetime appointments would require a Constitutional Amendment. Refer to Article V of the U.S. Constitution. President Biden’s proposals would require two-thirds approval from both the U.S. House of Representatives and U.S. Senate, and then must be ratified by three-fourths of the states. For those who want the numbers, that’s 290 yea votes in the House, 66 yea votes in the Senate and 38 states to agree that President Biden’s idea to subjugate the U.S. Supreme Court to political agendas is a good idea.

“But for now at least, Democrats are just dreaming (or messaging),” wrote Politico’s Eli Okun. “Either Supreme Court change would require some congressional Republicans to sign on, and a constitutional amendment on immunity would have to go through state legislatures, too.”

This could be simply dismissed as political pandering to gain votes in a competitive election cycle. However, it’s telling that President Biden, who claims his political opponent is a “threat to democracy,” is willing to burn down the very institutions that guarantee the survival of rule of law and the Republic itself.

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22 COMMENTS

  1. Whether it was Covid restrictions, vax mandates, gun control, or a host of other government increasing power/control issues it is amazing how histrionic they and their troll farm posters get from opposing forces let alone amusing ridicule.

  2. Just another attempt to turn the US from a Republic (forget all that “democracy BS) into either a form of monarchy or dictatorship, to be elected once, then forever forbidden to the electorate.

    There are enough examples of these types of governed(?) nations on Planet Earth, only one United States, even in its weakened form. Lefties should just move either across the northern or southern border- they’ll easily find what they’re looking for.

  3. Dumbocrats were very happy with the court – so long as liberal judges outnumbered conservative judges. I don’t like Trump, not even a little bit, but I love the effects he has on Dumbocrats. And, I love that he appointed a whole new crop of conservative judges. I hope that he gets to appoint one, two, or even three young conservative judges in his next administration. That should guarantee a conservative majority for a couple decades at least. I can only hope that the “justice” who doesn’t know what a woman is manages to get herself eliminated in some way. Maybe Covid will take her out?

  6. The only people stupider than Biden are the ones who actually believe that what he is purposing is possible. which isn’t a hugh stretch considering they are products of the liberal/progressive democrat educational indoctrination system. Formally known as Public Education. I’m willing to bet less than 20% of the entire population of the country even knows what Constitutional mechanisms are necessary to make these changes.

    • It’s hilarious that you think they’re stupid when they’ve consistently won for decades. Just pause for a few minutes and think about how badly you’ve lost on the Overton Window. Just that alone should be setting off serious alarm bells.

      It’s hilarious-er that you believe they care about Constitutional mechanisms or that those mechanisms ultimately matter. They only care about power and if they feel they have the power to do this, they will.

      There are only two smart, rational questions in this regard: “What will you do to convince them that they don’t have the power to do this?” and “If they do it anyway, what is your best response?”.

      If less than 20% know the proper mechanisms, less than 20% will defend those mechanisms. Which means that if they go ahead with such an idea then, in short, you lose.

      It’s truly amazing to me how many people Right-of-Center are basically a mirror image of Emma Goldman who was absolutely dumbfounded when she got what she wanted and then had reality explained to her by Lenin himself. She was damn lucky to only be thrown out of the USSR and not shot… or worse.

  7. “The White House argued that the United States is the ‘only major constitutional democracy that gives lifetime seats to its high court Justices. ”

    Another deceptive turn of phrase.

    First, the United States is not a “constitutional democracy”. The United States is a constitutional republic. There is a difference one of which is in democracy the general public majority has the highest power, whereas, in a constitutional republic the constitution has the highest power.

    In the U.S., in our republic, the form of government is a representative democracy and not ‘A democracy’ as the left winger democrats keep referring to it. ‘A democracy” and ‘A representative democracy’ are two different things.

    Its a slight of hand deception that the Democrats keep call it a “democracy”. Basically, in a ‘democracy’ majority rules, basically according to the elite wishes and the elite benefit from that majority rules and maintain power – its 51% of the people can take away from or give to the other 49% and get to tell the other 49% what their ‘rights or privileges’ are and that 49% is never part of the majority and has no say in anything and are ‘second class citizens’ akin to a ‘surf’ class to serve the majority will and the ruling elite. And that’s why the Democrats keep referring to ‘our democracy’ or to the U.S. as a ‘democracy’ and ‘constitutional democracy’ – its a deception turn of phrase intended to dupe people – its what the Democrats want, a country where they are the ruling elite supported by 51% of manipulated brain dead idiots dictating to the 49%, or in other words an over throw of the country to in effect do away with the constitution.

    Our founders were very clear that we are not a ‘democracy’ and made our country a ‘constitutional republic’ on purpose for reasons one of which was to avoid that ‘majority rules’ thing.

    So basically, “The Whitehouse” lied, again, with “only major constitutional democracy that gives lifetime seats to its high court Justices. ” – because the United States is not a “constitutional democracy”.

    • correction: ‘surf’ … should have been ‘serf’

      darn spell check auto correct.

    • They keep talking about “our Democracy” because that’s their propaganda route to seizing the power they want. The deceptive nature of it only matters if you use logic or reasoning which most people don’t ever and no one does all the time.

      No, they won’t return that power.

      The phrase in question is an emotional touchstone for the majority of Americans. Focus group tested, propagandist approved. As I point out all the time, to no fucking avail at all it seems, most of what these people do is well planned and organized weaponized psychology and neurobiology.

      Maybe Tom Bilyeu is right about adults, 98% were intentionally miseducated and are now worse than worthless. Unable to accept the facts they don’t want to believe.

      • Or unable to accept they were lied to/fooled/unable to figure it out on their own. Pride is a great weapon to hide behind.

  8. AOC wants to impeach all the Court’s members what won’t do like she says. Something something threat to Democracy…

  9. Biden was likely sentient enough to wreak revenge on the Dimwitocrat elite: endorsed Harris for presidential candidate. Not believing Biden is doing anything else that appears to bear his name; he is not that coherent.

    The same cabal that removed Biden is behind all the “Biden” actions, thoughts, pronouncements. Even if someone captured Biden saying anything intelligible, it is likely AI-generated.

    • The fact that Democrat disarray seems somewhat scripted, as it did in 2020, is worrisome.

      As is the fact that now Nevada has had the same problems that cropped up in Texas and Missouri.

      Missouri is actively investigating. Texas, last I checked is not. From where I sit, 50/50 Texas goes blue this year.

      Odd that people can look at recent history 2016-present and think everything’s basically business as usual. Maybe the GOPers really are mostly about as smart as Lindsey Graham. Maybe the grass roots is ticked off enough to actually force their elected representatives to do some smart shit for once. Or maybe the majority are basically braindead. Maybe she’s born with it, maybe it’s Maybelline.

      • “Maybe the GOPers really are mostly about as smart as Lindsey Graham.”

        Republicrats treat politics as sport. Dims treat politics as a business.

  10. Biden was promised two things to step aside from his reelection. 1. a large bag of money he can raid. 2. They wouldn’t invoke the 25th Amendment and remove him.

    If Kamala is crashing and burning in late September, they will likely hit Biden with a 25th Amendment removal anyway to try to revive her campaign by making her look like someone rescuing the nation (and write off their promise to him).

  11. Oh man the commie Dims really want to release the whirlwind. Maybe too much reliance on executive action which seems to be the “new” Constitution. Trump did it too. The road to perdition’s “good intentions”.

  13. It would be nice if people would recognize what they’re seeing. Like the fact that Trump can lose this election and the GOP can, in fact, lose both chambers in Congress. Even if that occurs extra-legally, you’re not putting that genie back in the bottle.

    The issue that I see with the Dems at this point is that, realistic or not, they have a lot of people at the political and bureaucratic levels who are shit-scared that they’re going to get serious blowback for 2020-2022. Personally, I don’t really see any of them facing consequences for the mixture of malice and incompetence that was on display at that time, but YMMV.

    I would simply say that the phrase Nonne profundissime mordet serpens vulneratus? applies whether the snake is actually wounded or merely believes itself to be. In this case it’s not really just a snake either, it’s a hydra. And it’s desperate.

    Related to that, I also note numerous oddities going on which indicate efforts at election *cough* fortification *cough* to which it would seem that most of the GOP, and it’s base, are nearly entirely blind. Which, honestly, isn’t surprising since the GOP has a habit of managing to turn defeat into a rare species of victory, if only in its own mind and the media isn’t exactly forthcoming about such things.

    From where I sit, it seems to me that everyone who’s not a Progressive Democrat is more interested in either cowering or fighting among their own than doing anything really useful. Blackpillers fighting whitepillers both being fought by the redpillers… chaos in the ranks and we’ve barely taken the field. Not good, but sadly, this is par for the course with the middle and the Right.

    Remember when Trump was a shoo-in for 2020? Or how R’s didn’t learn a fucking thing going into the 2022 Red Wave that never happened? Remember when the courts tOtAlLy aRn’T iNfLuEncEd bY Da PoLiTx AnD wOuLd TaKe dA CaSe was parroted by everyone who’d never heard of the Purcell Doctrine, Political Decisions Doctrine or the Avoidance Doctrine (or several others)?

    Pepperidge Farm and I both remember. So do the Dems. You think they won’t recycle parts of that playbook? You think that a bit of ballot harvesting on the Right is going to overcome the 3.0 version of that playbook? Because one thing’s for sure, they’ll keep what works while improving it and jettison that which doesn’t work. You won’t see a simple repeat of the last time or two.

    Which raises the question: Would the Dems, as puppets of their more extreme “Progressive” wing whom the rest all fear, make illegal moves on the SCOTUS if they thought they could get away with it? Their past behavior and their governing philosophy indicate that, yes, they would if they also believed it benefitted them in some way. One of the reasons for the vocal attacks on the SCOTUS by Democrats in recent years is because they already control 4.8-4.9 of the five pillars of Gramsci’s Cultural Hegemony and they’d very much like to capture the remainder.

    Should that happen everyone else has a choice between surrendering and hoping it all goes well (it won’t) or “An appeal to arms and to the God of hosts…” because that border is going to get locked up tight as a drum overnight, but in the wrong direction from your point of view.

    I suspect that they continue to press the attack on these pillars because no one of substance on the Right has come up with a rational way to counter attack the territory previously lost. Even when they have a *workable* solution it’s not scalable. Mostly, it’s not workable in the first place because IRL they don’t actually know what they’re talking about and wouldn’t want it if they actually got it. They’re also not blessed with enough foresight to see that, mostly, they’ve already been end-run anyway if they don’t commit to the fight here and actually win it.

    Then there’s the issue of defense in depth which has been erected against us. Most people only see the wall in front of them, not bothering to consider the next wall and the killing space between the walls. Or that this goes back several layers. Which is to say nothing of the archers, boiling oil, infantry and other goodies that await anyone who manages to breach the first wall or two. The answer isn’t a frontal attack, it’s trebuchets firing in a high arc with a mix of stone, fire and dead animals.

    It’s intriguing to note that in many ways we travel in Europe’s wake politically and socially speaking, regardless of what the Europeans might think about this. How’s that going over there? Say, in England right now? Normal people who are not particularly political burning down police stations because things are so outrageously out of hand… hrm… interesting.

    Maybe having policies where your cops are will aggressively pursue *the Right* for praying in the wrong place while allowing themselves to be publicly dry-humped by immi, er, newcomers has some serious consequences when the kid of a very well treated set of newcomers gets all stabby with some children and the media treats it like you’re the asshole for noticing that there seems to be a bit of a pattern going on here.

    Joe seems to have moments of lucidity where he does whatever the people behind him actually do want him to do. Considering that he didn’t utter this threat while shaking hands with the air, I’d consider the idea that while Joe may be a withered and useless husk, the people behind him are not and Joe just told you what they want.

    None of this is a foregone conclusion, yet. But winning or losing is a coinflip right now. Nothing about any of this since 2020 has been normal operations and it’s not going to be this year either, as if Trump getting shot, and the cluster surrounding that little cockup, doesn’t pretty well prove that.

    The fact that they decided on Kamala even though they could use super delegates to get rid of her should make you sit up and take notice.

    Unless of course they actually plan to lose, in which case shit’s gonna get worse, a whole lot worse. There is some evidence that this may be the case based on the way that the bureaucratic state is organizing things.

    The real question is how we got to the point that fedgov matters this much in your life and what we do about that. Those are decidedly NOT questions anyone’s asking in a serious manner at this point.

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