The Washington Post reported on Tuesday that President Biden has warmed to the idea of reforming the Supreme Court. At the beginning of his term, pressure from the base of the Democratic Party prompted Biden to create a commission aimed at evaluating the institution, a classic D.C. move given that a committee report technically isn’t doing nothing.
But then the court made the ideology of its majority manifest, revoking access to abortion, diminishing the authority of government experts and granting presidents (you know which president we’re talking about here) immunity from prosecution for criminal acts. Democrats became even more disenchanted with the court, and Biden, eager for opportunities to bolster Democratic support at the moment, now indicates that he’s willing to press a little harder.
New polling from Fox News suggests that doing so would have broad public support.
The poll — which, unlike the sponsoring cable-news channel, has a well-deserved reputation for fairness — found that 6 in 10 Americans view the Supreme Court’s job performance with disapproval. That includes three-quarters of Democrats and two-thirds of independents. Unsurprisingly, most Republicans approve of what the court has done.
That otherwise sweeping skepticism is at record levels in Fox News polling.
Relatedly, a plurality of Americans — just under half — say that the court is too conservative. Again, three-quarters of Democrats hold that view. Just under half of independents do; about as many independents say that it’s too conservative as say that it’s too liberal or about right. Only among Republicans is “too conservative” not the most common response. Instead, most members of the conservative major party say that the court’s ideology is “about right.”
The pollsters asked specifically about the decision on presidential immunity. Most Americans, including large majorities of Democrats and independents, disapproved. Republicans approved.
When YouGov conducted a poll in June, Republicans opposed the idea of sweeping presidential immunity — until they were asked in the context of Trump.
It is unsurprising, then, that most Americans also expressed support for two possible reforms included in the poll: a mandatory retirement age for justices and 18-year term limits. Most Americans strongly favor mandatory retirement; three-quarters view both proposals favorably to some extent. Support was lower among Republicans, but even on the right these abstracted proposals generally meet with agreement.
That they are abstracted is entirely the point, of course. Biden’s ideas for reform are unclear, but likely include term limits. Just as Republicans were more supportive of the immunity idea when applied to Trump, it’s safe to say that they will be less supportive of term limits when introduced by Biden. That will be particularly true when they realize who would be immediately affected, assuming the limits are retroactive. The current justices who were appointed more than 18 years ago are Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel Alito.
None of this is particularly likely. The House is led by Republicans who are very aware of the advantages the currently constituted Supreme Court offers. It is politically useful for Biden, though, as it provides him an opportunity to leverage his party’s frustrations with the court.
The best bet Democrats have for reforming the court, after all, is keeping a Democrat in the White House.
