The Supreme Court is “Actively Undermining” Democracy: Elizabeth Warren

Massachusetts Senator Elizabeth Warren affirmed that she and some of her congressional colleagues are ready to reform the Supreme Court—an institution she said is harming democracy—during an interview on CNN’s State of The Union on Sunday.

“Right now, we have a Supreme Court that has basically jumped the guardrails and is out there giving power to the president, saying that the president can commit any act that the president wants,” Warren said, referring to the court’s recent ruling where they sided with Republican nominee and former president Donald Trump. In that case, six conservative justices found that “Presidential power entitles a former President to absolute immunity from criminal prosecution for actions” undertaken as part of their official duties.

“We’ve got a Supreme Court that is actively undermining our democracy,” Warren continued.

The senator’s comments come as President Joe Biden is slated to announce Supreme Court reform plans on Monday, according to Politico. Biden is expected to endorse establishing some term limits for justices and an enforceable code of ethics “in an announcement that represents a remarkable shift for a president who had long resisted calls to overhaul the high court,” Politico writes.

On Wednesday, during an Oval Office speech explaining why he stepped down from the race, Biden said that for the next six months he has in office, he will “be focused on doing my job as president.”

“That means I’ll continue to lower costs for hard-working families, grow our economy,” Biden said, adding, “and I’m going to call for Supreme Court reform because this is critical to our democracy.”

During the latest Supreme Court term, the justices, in addition to the presidential immunity case, struck down the Chevron doctrine, a precedent that required courts to defer to federal agencies’ reasonable judgments, and otherwise weakened nationwide regulations. The court also punted on abortion rights and ruled that people experiencing homelessness could face criminal penalties for sleeping in public spaces.

These moves to reform the court, both in Congress and in the Executive Office, are in part a response to growing scrutiny against the Supreme Court over concerns about undisclosed gifts and political involvement of some of the justices’ spouses.

Last year, a ProPublica investigation found that, for over two decades, Justice Clarence Thomas had been treated to lavish vacations by billionaire and political donor Harlan Crow. “There are few restrictions on what gifts justices can accept,” ProPublica writes. “That’s in contrast to the other branches of government. Members of Congress are generally prohibited from taking gifts worth $50 or more.” Crow, in addition to spending millions over the years on local and national Republican candidates, provided the initial $500,000 donation to the lobbying outfit founded by the justice’s wife, Ginni Thomas.

Supreme Court Justice Samuel Alito’s wife, Martha-Ann, has also come under fire for flying two flags synonymous with the “Stop the Steal” movement—the unfounded right-wing theory that the 2020 election was stolen—outside of the couple’s homes in Virginia and New Jersey. Martha-Ann also said that she wished she could attach a Catholic flag outside their house in response to an LGBTQ+ one in her neighborhood.

“I want a Sacred Heart of Jesus flag because I have to look across the lagoon at the Pride flag for the next month,” she told documentary filmmaker and self-described “advocacy journalist” Lauren Windsor. When Justice Alito reportedly pushed back against his wife’s wishes, Martha-Ann claims she said, “When you are free of this nonsense, I’m putting it up, and I’m gonna send them a message every day. Maybe every week, I’ll be changing the flags.”