The branches of the U.S. government, as set up by the U.S. Constitution, establish the Supreme Court as a body charged with upholding the Constitution regardless of political party. The existing court has a conservative majority, and conservatives are those who are most likely to uphold Constitutional law.
The conservative majority of the U.S. Supreme Court has been the only thing standing in the way of President Joe Biden’s far-left agenda. Biden’s attempts at using executive authority to enact far-liberal politics have been repeatedly thwarted as the Supreme Court gets in his way.
Nearly every time Biden has tried to circumvent Congress and test the limits of his executive authority, from the eviction moratorium to his sweeping student loan debt relief plan, the conservative majority has kept him in check. And Biden is focusing blame.
The Telegraph reports:
Beginning with last year’s Dobbs v Jackson Women’s Health Organization overturning Roe v Wade’s decree of a federal right to abortion, fighting the Supreme Court has featured prominently in Biden’s political messaging.
Chief Justice John Roberts, a conservative who has nevertheless attempted to be a moderating influence on the high court, is not the face of the conservative majority among the judges. Instead, the Democrats have focused their ire on Justice Clarence Thomas, who has emerged as the anchor of the body’s right-leaning bloc since the death of Justice Antonin Scalia.
Democrats have been targeting Thomas since his appointment in 1991, after contentious confirmation hearings over which Biden presided as chairman of the Senate Judiciary Committee. Just like the attacks against President Donald Trump, Democrats attacked Thomas in ways that came to no avail in court and Thomas was never found gulity of any wrongdoing.
Although it was Justice Samuel Alito’s majority opinion that declared the outcome of Dobbs, takeing pains to distinguish abortion from other social issues, Biden and the Democrats try to attack Thomans saying that the decision will erode other less controversial privacy rights.
Thomas came head to head with Biden appointee Justice Ketanji Brown Jackson duing the discussions over Dobbs, Brown being the third black person (and first black woman) to serve on the court. Their exchange went to the heart of a debate over race and the Constitution still roiling America, defining the Left vs. Right battle.
The Telegraph continues:
Democrats have also seized on Thomas’ relationship with Republican megadonor Harlan Crow to paint a picture of an out-of-control Supreme Court awash in right-wing and corporate money. “This is not a normal court,” Biden insisted after the Supreme Court rulings against his student loan scheme and race-based affirmative action programs.
The recent Affirmative Action ruling saw Thomas once again receiving much of the criticism for the outcome, despite the fact that he wasn’t the author of the majority opinion.
Former President Trump was careful to choose conservative justices during his term; justices who would uphold the U.S. Constitution. There is at present a 6-3 majority of conservatives in the SCOTUS, Biden’s only appointee as of yet being Brown.
As the 2024 election looms, and Republican have taken the majority in the House at the midterm elections, Democrats have a pie-in-the-sky hope that if they can regain control of the House and expand their Senate majority, they will be able to add seats to the Supreme Court and appoint more liberal justices. This does not, however, seem likely.
Biden, who played a role in the politicization of the confirmation process through the Thomas and Robert Bork hearings, has said he does not want to do this because it will make the problem worse. Although Biden’s platform included packing the court, Democrats don’t have the votes to accomplish that at the moment.
It is interesting to note that like former President Trump, Thomas has a history of liberal views even though he is now conservative. Trup is running for the Republican nomination, but until he is formally declared as a canadidate Biden seems not going after him. He can, however, single out Thomas as the one blocking his executive agendas.
How going after Thomas helps Biden in his bid for another term in the White House is a mystery. The SCOTUS appears ready to strike down another Biden plan, one which, through the EPA, will promote electric cars by imposing more limits on gasoline powered engines.
The Washington Post reports that conservative groups Congress never gave the EPA power to set “such a sweeping mandate” and the EPA’s legal strategy rests on the “major questions doctrine” which states that it is Congress who authorizes agencies to address matters of “political or econimic significance,” not the agencies themselves.
The EPA is expected to issue their regulation by spring, at which point lawsuits will ensue and the matter will end up, you guessed it, at the SCOTUS. the Post notes.
There is also speculation that Biden will not, in fact, be running for another term and that Democrats will place California Governor Gavin Newsome in that position.