Is Biden in a Position to Expand the Supreme Court? Why Not and Why He Isn't
President Joe Biden briefly announced his intention to expand the Supreme Court, drawing widespread criticism from legal experts, political commentators, and even some members of his own party. The discussions surrounding this topic often revolve around two major arguments: (1) that he can't get it through Congress, and (2) that it's a bad idea. This article explores how these points play out and why it is important for presidents to respect constitutional limits and the powers vested in Congress.
Why the President Cannot Unilaterally Expand the Supreme Court
One of the most fundamental issues in this debate is the understanding of the Constitution and the division of powers within the U.S. government. The U.S. Constitution does not grant the President the authority to unilaterally alter the size of the Supreme Court. Article III, Section 1, states that 'The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.' This clearly places the power to expand the number of Supreme Court Justices in the hands of Congress.
Why Congress Isn't Moving to Expand the Court
The current makeup of Congress, with the Republican Party controlling the U.S. House, does not provide a pathway for such legislation to pass. The Republican leadership, recognizing the potential to tilt the balance of power in their favor, is resistant to any measure that would expand the Court and dilute their advantage.
The Flawed Logic Behind Supreme Court Expansion
The idea of expanding the Supreme Court carries with it a myriad of potential complications. For instance, the suggestion that the number of Supreme Court Justices could reach 43 or even 303 is not only unrealistic but also potentially destabilizing for the judiciary. These scenarios, as proposed, would lead to a never-ending cycle of court expansion, each side seeking an overwhelming advantage in court rulings.
As one commentator observes, 'Imagine a scenario where the number of Justices becomes a political contest, shifting back and forth with each change in the presidency and control of Congress. The notion that this would be a stable system for interpreting and enforcing the law is laughable.'
Constitutional Integrity and Judicial Independence
The foundation of a free and fair society relies on the separation of powers and the rule of law. Expanding the number of Supreme Court Justices would subvert these principles by politicizing the court system. If the Court's composition becomes fluid based on political advantage, it risks losing its credibility and the public's trust in its impartiality.
Conclusion: Why This Isn't Biden's Priority
Given the constraints imposed by the Constitution and the practical realities of the current political landscape, President Biden's plans to expand the Supreme Court are unfeasible. Instead, his administration should focus on existing priorities such as economic recovery, climate action, and social justice reforms. The stability and integrity of the legal system should be preserved, not dismantled for short-term political gains.
It is imperative for all policymakers to recognize the importance of upholding constitutional limits and respecting the powers granted to Congress. While it may be politically tempting to seek immediate advantages, long-term stability and the rule of law should always be the priority.