
President Joe Biden and Democrats are pushingĀ for āunconstitutionalā changes to the Supreme Court after suffering stinging losses in multiple landmark cases,Ā noted attorney Alan Dershowitz said Monday.
President Joe BidenĀ proposed reforms to the Supreme Court in a Monday op-ed in the Washington Post, citing the courtās ruling in United States v. Trump that granted immunity from prosecution for a presidentās official acts and claiming the reforms, including 18-year-terms for Supreme Court justices, were necessary to āstrengthen the guardrails of democracy.ā Dershowitz disputed Bidenās claim, instead saying that Bidenās concern was more about āthe fact that they lostā major cases in the Supreme Court.
āThen we get to the real point of what they want: They donāt care about the structure, the Supreme Court, about term limits,ā Dershowitz said. āThey care about the fact that they lost in the Supreme Court. They lost Roe versus Wade. Thatās when it really started, āLetās pack the court. Letās turn the court more to the left,ā and then, of course, the most recent decision involving presidential immunity.ā
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In 2022, the Supreme Court overturned the 1973 Roe v. Wade decision, and upheld Mississippiās ban on most abortions after the 15th week of pregnancy Friday in a 6-3 ruling. That year, the high court also struck down New Yorkās concealed carry law requiring āgood causeā to issue a license to carry a firearm outside oneās home and ruled that the exclusion of religious schools from a government voucher program was unconstitutional.
In the Supreme Courtās term that ended July 1, in addition to ruling that presidents had immunity from prosecution for official acts, it also overturned what was known as āChevron deference,ā which required courts to defer to interpretations of law by regulatory agencies and ruled that fines imposed by administrative law judges violated the Seventh Amendment. The court also held that the Justice Department wrongly used a statutory provision to prosecute participants in the Jan. 6, 2021 riot at the Capitol building.
Earlier, Dershowitz said that the term limits would be struck down as unconstitutional, accusing Biden and Harvard law professor Laurence Tribe of seeking a ācampaign issue.ā
āYou canāt create term limits. Iām actually in favor of term limits,ā Dershowitz said. āIf I were rewriting the Constitution, I would probably say judges and justices should serve 15 years, 18 years, 20 years, 10 is too short, 25 is too long, somewhere in between, I would support that. I think that makes sense.ā
āBut the constitution has a specific provision in it. It says that justices shall serve during good behavior,ā Dershowitz continued. āThose are the words of the Constitution, which means, until they resign, retire, or they die, and thatās been whatās happened since 1793, but Laurence tribe and his student Biden think you can change all that legislatively. No, you canāt, you have to do it by constitutional amendment.ā
(Featured Image Media Credit:Ā Screenshot/Rumble/The Dershow)
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