Justice Neil Gorsuch is facing criticism over his warning about President Joe Biden‘s proposal to reform the Supreme Court.
The president’s proposed changes include a three-part plan to reform the nation’s highest court—calling for term limits on justices, a constitutional amendment to block the court’s presidential immunity ruling and an enforceable ethics code imposed on the bench. The White House said Biden would support reform in which presidents appoint justices every two years and justices spend 18 years of active service on the court.
In an interview with Fox News on Sunday, Gorsuch told Americans to “be careful” when it comes to making changes to the independent judiciary.
“I have one thought to add,” the associate justice said. “The independent judiciary … what does it mean to you as an American? It means that when you’re unpopular, you can get a fair hearing under the law and under the Constitution.”
He continued: “If you’re in the majority, you don’t need judges and juries to hear you and protect your rights, you’re popular. It’s there for the moments when the spotlight’s on you; when the government’s coming after you. And don’t you want a ferociously independent judge and a jury of your peers to make those decisions? Isn’t that your right as an American? And so I just say be careful.”
Critics took to social media to slam the message, including Harry Litman, a former deputy assistant attorney general and current legal affairs columnist.
He wrote on X, formerly Twitter: “Remarkably out of line. What’s he doing interviewing on Fox about the topic in the first place?”
Although Supreme Court justices are not barred from discussing politics, they often face heat for doing so given their lifelong appointments to the bench.
Newsweek has contacted Gorsuch for comment via the Supreme Court’s Public Information Office.
Also on Sunday, The New York Times published an interview with Gorsuch, in which he declined to comment on Justice Elena Kagan‘s endorsement of the creation of a judicial panel to monitor justices’ compliance with the court’s ethics code.
Those speaking out against Gorsuch’s comments seem to have interpreted “be careful” as a threat.
Podcast host Jack Hopkins, who identifies as a “former Republican,” wrote on X: “Neil Gorsuch said ‘be careful’ about President Biden’s suggested plan for the United States Supreme Court. No. You be careful. The American people will demand those changes and support President Harris and our elected officials in making those changes. Don’t you dare f*ck this country over, and then tell us, ‘Be careful.’”
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