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Justice Gorsuch Warns Biden to ‘Be Careful’ With Supreme Court Proposals

Side profile of Justice Neil Gorsuch
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Justice Neil Gorsuch is voicing concerns over President Joe Biden’s recent proposals to restructure the Supreme Court’s structure.

In an interview broadcast on “Fox News Sunday,” Gorsuch advised caution, stating, “I just say: Be careful.”

Concerns Raised

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Gorsuch—one of President Donald Trump’s three Supreme Court appointees—voiced concerns.

This happened just days after Biden reversed his stance to endorse 18-year term limits for justices and proposed legislation for a binding ethics code for the Court.

Jeopardizing Judicial Independence

Unsplash user Jimmy Woo

Gorsuch urged Americans to carefully consider any actions that might jeopardize judicial independence.

“The independent judiciary … What does it mean to you as an American?” Gorsuch questioned during the interview tied to his new book releasing this week.

Importance of Judicial Independence for the Unpopular

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He continued, “It means that when you’re unpopular, you can get a fair hearing.”

“If you’re in the majority, you don’t need judges and juries to hear you, to protect your rights, if you’re popular.”

High-Stakes Moments

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“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?”

Specifics of Biden’s Proposal Unaddressed

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Gorsuch did not address the specifics of Biden’s proposal directly.

He was not asked about the events that led to Biden’s reversal, such as the 2022 Supreme Court decision on abortion, last month’s ruling on presidential immunity, or the ethics controversies involving Justices Clarence Thomas and Samuel Alito.

Avoids Political Commentary

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However, he did emphasize his stance on judicial independence.

Gorsuch clarified that he was not engaging in the presidential campaign or commenting on what has become a contentious political issue.

Declines to Comment on Political Issues During Election Year

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“I’m not going to get into what is now a political issue during a presidential election year,” he remarked.

“I don’t think that would be helpful.”

Gorsuch Sidesteps Discussion on External Ethics Code

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In a separate interview with New York Times columnist David French, published Sunday, Gorsuch avoided discussing the idea of an ethics code enforced by an external body.

This comes despite Justice Elena Kagan’s recent support for such a mechanism, as she had highlighted the lack of enforcement in the Court’s current ethics policy.

Commenting on Colleague’s Proposal Inappropriate

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Gorsuch suggested that commenting on his colleague’s proposal would be inappropriate since Biden had already addressed the issue publicly.

He noted that the topic was now being “intensely discussed by the political branches.”

Humorous Response

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Gorsuch did, however, humorously respond to the idea of limiting justices to 18-year terms.

He stated, “I look forward to a few years of fly fishing.”

Gorsuch to Promote Book with Interviews

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Gorsuch is expected to continue promoting his book with a series of interviews this week.

This includes an event at the Reagan Library in California.

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