Supreme Court Justice Neil Gorsuch cautioned against proposed reforms to the Supreme Court during an interview on Fox News Sunday. His remarks come as President Joe Biden, having decided not to run for re-election, outlines significant changes he wishes to implement in his remaining time in office.
Biden’s proposals include term limits for Supreme Court justices and a formal code of conduct, along with a constitutional amendment to remove criminal immunity for former presidents. These changes have stirred controversy and concern among conservatives who view them as attempts to undermine the judiciary’s independence.
Justice Gorsuch, promoting his new book “Over Ruled: The Human Toll of Too Much Law,” addressed these proposals during his conversation with Fox News Sunday’s Shannon Bream. Gorsuch chose to sidestep the direct political implications but stressed the importance of judicial independence.
Gorsuch stated, “The independent judiciary means that when you’re unpopular, you can get a fair hearing under the law and the Constitution. If you’re in the majority, you don’t need judges and juries to protect your rights — you’re popular. It’s for those moments when the government’s coming after you that you want an independent judge and jury.”
He added, “Be careful,” highlighting the potential risks of compromising judicial independence.
The proposed reforms appear to be a response to the Supreme Court’s current 6-3 conservative majority, which could remain for years if Trump wins the presidency again. Recent rulings, such as limiting federal agencies’ power (Loper Bright) and overturning Roe v. Wade (Dobbs), have intensified the debate over the Court’s role.