What Next: Could Biden's Court Reforms Actually Work?
Jul 25, 2024
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Professor Stephen Vladeck from Georgetown University Law Center discusses Biden's Supreme Court reform proposals, exploring the need for balance in the three branches of government. They delve into the implications of unchecked judicial power, potential changes to justice terms, and the historical context of Congress's oversight of the Supreme Court.
Calls for Supreme Court reforms highlight issues of oversight and judicial accountability.
Proposed reforms by Biden focus on introducing term limits and ethical standards for justices.
Deep dives
Calls for Judicial Branch Checks
Recent discussions center around the lack of checks on the judicial branch, particularly the Supreme Court, highlighting instances where decisions and justices' behavior have raised concerns about accountability. Calls for reform stem from the perceived lack of oversight on the courts' actions and decisions, emphasizing the need for greater checks and balances in the system.
Potential Biden Proposals for Court Reform
President Biden's proposed reforms for the Supreme Court encompass term limits for justices, an enforceable code of conduct, and a constitutional amendment to challenge previous court decisions. While these proposals aim to introduce accountability and ethical standards, their implementation would face constitutional challenges and require careful consideration of their effectiveness and implications.
Congress's Oversight Role and Reforms
Historically, Congress has played a significant role in regulating the Supreme Court's functions and oversight, including controlling the court's docket, budget, and justices' activities. Recommendations for potential reforms include docket reform, establishing an inspector general for judicial branches, and enhancing congressional hearings to monitor the court's decisions and actions. These oversight measures aim to reestablish accountability and balance within the judicial system.
Before announcing his exit, Joe Biden expressed interest in reforming the Supreme Court. But, in the spirit of re-balancing the three branches of government, isn’t that a job for Congress?
Guest: Stephen Vladeck, professor at the Georgetown University Law Center and an expert on the federal courts and constitutional law.
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Podcast production by Elena Schwartz, Paige Osburn, Anna Phillips, Madeline Ducharme and Rob Gunther.