Joe Biden worries that the “extreme” US supreme court, dominated by rightwing justices, cannot be relied upon to uphold the rule of law.
“I worry,” the president told ProPublica in interview published on Sunday. “Because I know that if the other team, the Maga Republicans, win, they don’t want to uphold the rule of law.”
“Maga” is shorthand for “Make America great again”, Donald Trump’s campaign slogan. Trump faces 91 criminal charges and assorted civil threats but nonetheless dominates Republican polling for the nomination to face Biden in a presidential rematch next year.
In four years in the White House, Trump nominated and saw installed three conservative justices, tilting the court 6-3 to the right. That court has delivered significant victories for conservatives, including the removal of the right to abortion and major rulings on gun control, affirmative action and other issues.
The new court term, which starts on Tuesday, could see further such rulings on matters including government environmental and financial regulation.
It’s checks and balances, not rock paper scissors
His power here is to set a direction and to nominate new appointees. He could write a bill to expand the bench and/or a constitutional amendment to require a code of ethics… Hell, he could even say “ok supreme Court, you say you can self-regulate… Publish your own code of conduct publicly or I’ll lead the charge in imposing one on you”
Presidents have a lot of soft power. He can write executive orders to demand the problem be evaluated, or he can use his platform to rally support… He can even go to Thomas privately and suggest he resign with dignity while he can, even try to bluff him off the bench
There’s a lot he could do - his hard power over the supreme Court is very limited, but soft power is how most everything works