President Biden on Thursday warned that progressive efforts to expand the size of the Supreme Court would ‘politicize it maybe forever in a way that is not healthy.’
Biden was asked during an MSNBC interview if he was worried that ‘without court reform, this conservative majority is too young and too conservative, that they might do too much harm?’
‘Well, I think they may do too much harm, but I think if we start the process of trying to expand the court, we’re going to politicize it maybe forever in a way that is not healthy, that you can’t get back,’ the president replied.
‘And I think, look, I think maybe it’s just the optimist in me. I think that some of the court are beginning to realize their legitimacy is being questioned in ways that had not been questioned in the past,’ he said.
The interview came just hours after the Supreme Court issued a 6-3 decision that outlawed affirmative action policies in college admissions programs because those policies violate the 14th Amendment’s equal protection clause.
Biden commented on the ruling prior to the interview, saying that the Supreme Court is ‘not a normal court.’
He clarified his comments on MSNBC, saying, ‘What I meant by that is, it’s done more to unravel basic rights and basic decisions than any court in recent history.’
‘And that’s what I meant by not normal. It has gone out of its way to, for example, take a look at overruling Roe v. Wade. Take a look at the decision today. Take a look at how it’s ruled on a number of issues that are, have been precedent for 50, 60 years sometimes. And that’s what I meant by not normal,’ he said.
BIden was asked if he agreed with some Senate Democrats that the Supreme Court is ‘anti-democratic,’ but he declined to go that far.
‘Well, you know, if I say it’s not a Democratic, it gets…’ Biden started.
‘But… its value system is different. And its respect for institutions is different. And in that sense, it is… not as embracing of all what I think the Constitution says: we hold these truths to be so that all men and women are created equal, endowed by their creator,’ he said, quoting from the Declaration of Independence, and not the U.S. Constitution.