Schumer refrains from full endorsement of Biden's Supreme Court plans

The Senate majority leader stated he was still evaluating the president's plan, which highlights a broader Democratic reluctance to fully support the president's policy battle.

Schumer refrains from full endorsement of Biden's Supreme Court plans
Senate Majority Leader Chuck Schumer refrained from fully endorsing Joe Biden’s plan to overhaul the Supreme Court during an interview on Wednesday. This suggests that Democrats might be cautious about diving into new policy battles in the closing months of Biden’s presidency.

As a leading Democrat in Congress with extensive experience in judicial confirmation battles, Schumer criticized the Supreme Court as a “morass, both ethically and substantively” in the interview. However, he did not explicitly support Biden’s proposed reforms, indicating instead that he was still evaluating the plan.

In a speech on Monday, Biden proposed several changes to the court, such as term limits for justices, enforceable ethics guidelines, and a constitutional amendment to overturn a recent decision on presidential immunity.

“We’re going to look at all of them,” Schumer stated regarding Biden’s proposals. “We’re going to look at all the various proposals.”

This noncommittal stance reflected the broader sentiment within the Senate Democratic caucus this week. Although Schumer and fellow Democrats have previously advocated for legislation focused on the Supreme Court, there is evident hesitancy toward Biden’s overhaul plan—possibly due to its contentious nature and the slim chance of legislative success shortly before the election. House Speaker Mike Johnson referred to Biden’s policy propositions as “dead on arrival” earlier this week.

Vice President Kamala Harris has endorsed Biden’s plan, but it remains uncertain if it will become a focal point of her campaign message.

Sen. Dick Durbin of Illinois, the chair of the Judiciary Committee and Democratic whip, expressed a similar sentiment to Schumer’s, noting that he would “study” Biden's ideas but stopped short of an outright endorsement.

“I have questions about some, but I support others,” Durbin stated in a hallway interview.

Sen. Laphonza Butler (D-Calif.), a Judiciary Committee member, acknowledged Biden’s proposals as valuable for discussion but not immediately actionable. She emphasized that the plan helps to “continue the conversation about the health of our democracy.”

“I don’t feel like there is a realistic timeline for that conversation to take place,” Butler said, “But it’s the right conversation.”

Sen. Sheldon Whitehouse (D-R.I.), whose bill to establish a binding Supreme Court ethics code passed the Judiciary Committee last year, also did not push for immediate action on Biden's proposals. He expressed hope that Biden's announcement and Harris' endorsement would prompt more thorough investigations into alleged ethical issues at the high court.

“I think it enhances prospects across the board, including the prospect of a truly meaningful and significant investigation into this whole mess by the House, should Democrats prevail, and I think that could start shortly after November," Whitehouse commented.

Durbin acknowledged the challenges facing Democrats, admitting that there was only a “remote possibility” for the Senate to pass a bill regulating the Supreme Court this year due to GOP opposition.

“It used to be that we dealt with ethics on a bipartisan basis, but the Republicans are not participating in it now," Durbin added.

Biden, who previously chaired the Judiciary Committee, has taken a cautious approach towards changing the high court, only embracing term limits and an ethics code after numerous disputes and personal scandals convinced him of the court’s need for reform. Biden has framed his push for overhaul as part of his broader mission to preserve democracy.

“I have great respect for our institutions and the separation of powers,” Biden said in a speech this week. “But what’s happening now is not consistent with that doctrine of separation of powers. Extremism is undermining the public confidence in the court’s decisions.”

Despite this, there appears to be little indication that Biden’s key Senate allies share his urgency. His earlier deference to tradition cost him valuable time to garner support for these changes. A 2021 report Biden commissioned outlining potential steps for court overhaul remained unacted upon for nearly three years. Advocates for substantial changes to the high court noted Biden's hesitance to address the personal scandals involving Justices Clarence Thomas and Samuel Alito until recently, which had eroded public trust in the court.

The White House declined to comment on Schumer's remarks, instead referring to Office of Public Engagement Director Stephen Benjamin's statement on Monday that "we're going to have to count on members of Congress on both sides of the aisle listening to their constituents."

"I expect that the president will lean strongly on that sense to try and create the support that he needs in the Congress to make it happen," Benjamin said.

Meanwhile, Harris, who played a role in crafting the proposals, has shown firm support for addressing a court suffering from a “clear crisis of confidence.”

However, Harris has not clearly indicated whether judiciary reform would be a priority if she were elected, nor detailed plans on how such legislation would be passed even if Democrats retain control of Congress. Her team is currently formulating their first-term agenda and determining how it might differ from Biden’s platform.

A spokesperson for the Harris campaign declined to provide additional comment beyond her initial statement from Monday and did not address whether Harris would support eliminating the Senate filibuster to pass reforms for the high court.

Durbin promised to follow up on one facet of Biden's plan: an amendment to the constitution reversing the Supreme Court's decision on presidential immunity. While he didn’t guarantee that the Judiciary Committee would take up the amendment, he did commit to scheduling a hearing this fall to discuss the contentious high court ruling from earlier this month.

Anthony Adragna contributed to this report.

Alejandro Jose Martinez contributed to this report for TROIB News