Democrats say the Biden effort will help put a bright spotlight on recent high court decisions, including the 2022 ruling stripping away women’s constitutional protections for abortion, by the conservative-majority court that includes three justices appointed by Trump.
Democratic Sen. Elizabeth Warren of Massachusetts said in a Sunday interview with CNN’s “State of the Union” that Biden’s reform push is about reminding Americans that “when they vote in November, the Supreme Court is on the ballot.”
She added: “That is a good reason to vote for Kamala Harris and to vote for Democrats in both the Senate and the House.”
Republican Sen. Lindsey Graham of South Carolina pushed back that Democrats didn’t complain when a more liberal-leaning court “was pumping out opinions they liked.”
“Only when we brought constitutional balance back from having a conservative court was the court a threat to the country,” Graham said Sunday on CBS’ “Face the Nation.” “What’s been a threat to the country is an out-of-control liberal court issuing opinions that basically take over every phase of American life based on nine people’s judgment.”
The announcement marks a remarkable evolution for Biden, who as a candidate had been wary of calls to reform the high court. But over the course of his presidency, he has become increasingly vocal about his belief that the court has abandoned mainstream constitutional interpretation.
Last week, he announced during an Oval Office speech that he would pursue Supreme Court reform during his final months in office, calling it “critical to our democracy.”
Harris, in her unsuccessful bid for the 2020 Democratic presidential nomination, had expressed being open to a conversation about expanding the nine-member court. The proposals unveiled on Monday do not include such an effort, which is something Biden as a candidate viewed skeptically.
As a vice presidential candidate, Harris notably dodged questions about her earlier stance on the issue during her October 2020 debate with Vice President Mike Pence.
The Harris campaign and aides to the vice president did not respond to queries about Harris’ involvement in shaping the Biden proposal and whether she would pursue any other court reform efforts should she be elected.
The White House in a statement said, “Biden and Vice President Harris look forward to working with Congress and empowering the American people to prevent the abuse of Presidential power, restore faith in the Supreme Court, and strengthen the guardrails of democracy.”
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Associated Press writer Michelle L. Price contributed to this report.