Scoop: Biden left Congress in dark on Supreme Court reforms
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President Biden arrives in the Cross Hall of the White House on July 1. Photo: Samuel Corum/Sipa/Bloomberg via Getty Images
The White House didn't consult Senate Judiciary Committee Chair Dick Durbin and other key congressional Democrats on President Biden's proposals to dramatically overhaul the Supreme Court, Axios has learned.
Why it matters: The lack of coordination with Capitol Hill signals that Biden's SCOTUS proposals amount to more of a pre-election messaging push than a legislative imperative.
- The White House didn't reach out to coordinate with Durbin (D-Ill.) or his committee about Biden's proposals before Monday's announcement, a source familiar with the matter told Axios.
- One senior House Judiciary Committee member told Axios they had "no knowledge" of Biden's plans — which include calling for 18-year term limits and a new code of ethics for justices — ahead of time.
- The omission is especially notable because the judiciary panel has spearheaded congressional efforts to overhaul how the court operates following recent ethics scandals.
The big picture: In addition to the operational changes, Biden pressed Congress to pass a constitutional amendment limiting presidents' immunity from federal prosecutions.
- The focus on immunity limits is meant to target Donald Trump following the high court's ruling this month that the former president is shielded from criminal prosecution for "official acts" taken while in office.
- A bill to establish a code of ethics for the court cleared the Judiciary Committee on a party-line basis last year, but Senate Republicans have blocked a floor vote.
Between the lines: Most of the questions around potential ethical lapses among Supreme Court justices have centered on Republican appointees.
- The Senate Judiciary Committee found earlier this year that Justice Clarence Thomas took at least three trips that he did not properly disclose.
The intrigue: A House Democratic leadership source argued to Axios that, at least on the House side, it's not unusual for the White House to forgo consulting lawmakers on policy rollouts.
- The White House didn't respond to a request for comment.
Yes, but: Democrats still widely embraced Biden's proposed changes.
- "I thank President Biden for highlighting the Supreme Court's ethical crisis," Durbin, the Senate's second-ranking Democrat, said in a statement.
- "President Biden forcefully made clear today that the scandal-plagued Supreme Court is in desperate need of reform ... and I'm glad to see Vice President Harris also support this strong proposal," Senate Judiciary member Sheldon Whitehouse (D-R.I.) said in a statement.
- Rep. Steve Cohen (D-Tenn.) told Axios the reforms would "be difficult to pass," but he added that "significant change takes time, and the first requirement is to have the idea introduced into the marketplace of ideas."
White House Spokesperson Andrew Bates told Axios: "As he stands up for the rule of law and the integrity of the Supreme Court, President Biden is grateful for the support these proposals are receiving from bipartisan legal experts, members of Congress, and large majorities of the American people."
Zoom in: Biden, who dropped his re-election bid just over a week ago and threw his support behind Harris, first teased the plan in a call with Progressive Caucus members earlier this month as he was trying to salvage his candidacy.
- The changes he proposed could appeal especially to Democrats' liberal base, a group the party is trying to motivate to turn out on Nov. 5.
