The discussion surrounding President Joe Biden’s Supreme Court reform plan has been met with significant skepticism, with prominent legal scholars suggesting that the effort faces insurmountable hurdles. Notably, Noah Feldman argues that Biden’s proposal is set to fail, primarily due to the current political landscape.
A historical comparison helps underscore the improbability of success. When President Franklin Delano Roosevelt introduced his Supreme Court reform package in 1937, he had just won reelection with over 60% of the vote, and his party controlled supermajorities in both chambers of Congress. Despite these significant advantages, FDR’s plan ultimately failed.
In sharp contrast, President Biden’s court reform initiative comes at a time when his political power is considerably diminished. As a lame-duck president who has been compelled to withdraw from the upcoming reelection campaign, Biden is grappling with a razor-thin one-vote majority in the Senate and a minority in the House. In light of these challenges, Feldman asserts there is no conceivable reality where Congress would pass the constitutional amendments required to advance the president’s proposals.
For a deeper dive into Feldman’s perspective and the broader implications of Biden’s Supreme Court reform plan, visit the full article on Bloomberg Law.