by First Liberty Institute • 3 minutes
During the presidential debate between President Donald Trump and Vice President Kamala Harris, debate moderators curiously failed to include a question about efforts to “reform” the Supreme Court.
The Biden administration is proposing radical changes to the Court, which include ending life tenure for justices and giving Congress the power to oversee the Court’s ethics. Others are calling to expand the size of the Court by adding more seats. Those proposals would destroy judicial independence and the rule of law. They’re a threat to Americans’ civil liberties.
“Court packing would not simply alter the structure of the Supreme Court—it would convert it into a subsidiary of the other branches, destroying our constitutional order,” explained First Liberty Executive General Counsel Hiram Sasser in an op-ed for The Hill.
“Americans deserve to know if either of the presidential candidates support such radical changes to the structure of the court, and why,” he added, noting that debate moderators should have made court “reform” a focus issue on Tuesday night.
First Liberty President, CEO & Chief Counsel Kelly Shackelford—joined by former U.S. Attorneys General William Barr, Edwin Meese III, Michael Mukasey and Jeff Sessions—had sent a letter to ABC Network executives urging the network to include questions about the Supreme Court.
The letter requested the candidates be asked to explain their position on expanding the size of the Supreme Court and what criteria they’ll consider when deciding who to nominate to the Court, if a vacancy should arise.
George Will wrote an op-ed for The Washington Post echoing the need to ask Harris about her position on Court “reform” at the debate. He suggested:
“For her: Your party’s platform accuses your opponent of ‘stacking the Court’ by appointing judges that please his party. Are you vowing not to do likewise? Do you support progressives’ plan to pack the Supreme Court by legislating term limits to force the retirement of three conservative justices?”
What is known right now about Harris’ position is what’s on her campaign website, which states:
“She will also support common-sense Supreme Court reforms—like requiring Justices to comply with ethics rules that other federal judges are bound by and imposing term limits—to address the crisis of confidence facing the Supreme Court.”
During the 2020 election, Harris said she was “open to this conversation” about court-packing. Harris also co-sponsored a bill that would force the high court to adopt an “ethics code.”
Former President Trump has criticized recent plans to overhaul the Court. “The Radical Left Democrats are desperately trying to ‘Play the Ref’ by calling for an illegal and unConstitutional attack on our SACRED United States Supreme Court. The reason that these Communists are so despondent is that their unLawful Witch Hunts are failing everywhere,” Trump wrote on Truth Social back in July.
“The Democrats are attempting to interfere in the Presidential Election, and destroy our Justice System, by attacking their Political Opponent, ME, and our Honorable Supreme Court,” he wrote. “We have to fight for our Fair and Independent Courts, and protect our Country. MAGA2024!”
The Supreme Court is one of the most consequential institutions in the nation. Opinions issued by the justices have a deep and lasting impact on the lives of all Americans. Often, the Supreme Court is the last line of defense that protects many Americans whose liberties have been attacked. It’s their final hope to have their rights vindicated and freedoms restored.
The 2024 Election is less than 60 days away. As Americans prepare to vote, the presidential candidates have not fully explained their positions on this crucial issue. That should change. The American public deserves to know what Trump and Harris plan to do with the Supreme Court.
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