On Monday, the Supreme Court ruled that American presidents have “absolute immunity” from prosecution for any “official acts” they take while in office. For President Joe Biden, this should be great news. Suddenly a host of previously unthinkable options have opened up to him: He could dispatch Seal Team 6 to Mar-A-Lago with orders to neutralize the “primary threat to freedom and democracy” in the United States. He could issue an edict that all digital or physical evidence of his debate performance last week be destroyed. Or he could just use this chilling partisan decision, the latest 6-3 ruling in a term that was characterized by a staggering number of them, as an opportunity to finally embrace the movement to reform the Supreme Court.
But Biden is not planning to do any of that. Shortly after the Supreme Court delivered its decision in Trump v. The United States, the Biden campaign held a press call with surrogates, including Harry Dunn, a Capitol police officer who was on duty the day Trump supporters stormed the building on Jan. 6; Reps. Dan Goldman (D-N.Y.) and Jasmine Crockett (D-Texas); and deputy campaign manager Quentin Fulks.
Their message was simple: It’s terrifying to contemplate what Donald Trump might do with these powers if he’s reelected.
“We have to do everything in our power to stop him,” Fulks said.
Everything, that is, except take material action to rein in the increasingly lawless and openly right-wing Supreme Court.
The reality is the democrats can’t reform the supreme court, because they don’t control the House of Representatives, and barely control the Senate.
To enact reform of that type they would need solid majorities in both chambers and control of the presidency. That remains very unlikely. Even simple ideas like expanding the court rather than meaningful reform is impossible as no nominees would get through congress.
It makes sense the democrats make their campaign focused on Donald Trump. And as bad as the supreme court is at the moment, the democrats have bigger issues to deal with - a lacklustre campaign with a poor candidate. It’ll be hard enough trying to convince people Biden is a good choice as a candidate, let alone move into complex areas like judicial reform.
He could and should “stack” the court right now. Supreme Court nominees only need advice and consent of the Senate, not the House.
And yet somehow even with a Democratic House/Senate you know Trump will get plenty of mileage out of using this ruling to become emperor.
The Supreme Court literally just said Biden can do whatever the fuck he wants as long as it’s an “official” act, including having the conservative Justices assassinated and replaced by people he picks himself, confirmed by the Senate or not.