Venezuela's thuggish regime hardly inspires imitation. But the South American country's overhaul of its highest court is eerily similar to the plan outlined by President Biden. Venezuela's dictators hoodwinked voters into believing reforms would strengthen the Supreme Tribunal of Justice.
In 1999, Hugo Chavez outlined a string of proposals to promote democracy. The strongman proposed laws making it easier to remove sitting justices. His plan included 12-year term limits. As part of the scheme, he expanded the court by 12 members, packing it with cronies.
Nicolas Maduro, who succeeded Chavez, now oversees a tribunal that does the president's bidding. The International Court of Jurists (ICJ) calls the tribunal nothing "but an instrument of the executive branch." It no longer serves as a grantor of the "rule of law, human rights or fundamental freedoms."
In a speech marking the signing of President Lyndon Johnson's Civil Rights legislation, Biden unfurled his party's masterplan for remaking the Supreme Court. He argued a president should appoint a justice every two years for an 18-year term. He pushed for enforceable conduct and ethics rules.
Biden claimed his proposals were to "restore faith in the Supreme Court." However, his plan is nothing more than a presidential election year ploy to juice Democratic Party turnout. His ire has been raised by court decisions he labeled as "not normal."
Forget the Constitution's separation of powers clause which spells out three distinct branches of government: legislative, executive and judicial. Evidently the Constitution is seen as an "existential threat to democracy" by Biden. There's nothing normal about changing Supreme Court terms.
If Biden wants to bolster rules of conduct, he should start with Congress. One member of his party--New Jersey Senator Bob Menedez--still serves in the Senate despite a conviction one 16 felony charges. Democrats need Menedez in a closely divided Senate, so personal ethics are fungible.
Another Democrat, Texas Congressman Henry Cuellar and his spouse have been charged by federal prosecutors with participating in two schemes involving bribery, unlawful foreign influence and money laundering. Cuellar remains a member in good standing in the House of Representatives.
If the president has a serious concern about ethics, he should be leading an effort to strengthen the Code of Ethics for members of Congress. Why is he silent on that issue, yet indignant on the travel of Supreme Court justices?
Following Biden's effort to undermine the Supreme Court, press secretary Karine Jean-Pierre marched to the podium at a press briefing to declare surveys show "the American people" want term limits for justices. In her view, America should be governed by polls not by the Constitution.
Since she is a proponent of rule by polls, perhaps Karine's boss will now shill for term limits for Congress. A poll by Pew Research finds 87% of Americans support term limits. Nearly eight in ten (79%) favor age limits too. Less than half (46%) agree on term limits for high court justices.
Nancy Pelosi has served 19 terms in the House, a number matched by Frank Pallone, a Democrat from New Jersey. However, they are eclipsed by Republicans Christopher Smith and Harold Rogers; and Democrat Steny Hoyer. Each has served 22 terms in Congress.
Seven senators have served a total of 223 years: Democrats Patty Murray, Jack Reed, Chuck Schumer and Dick Durbin; Republicans Chuck Grassley, Mitch McConnell and Susan Collins. Each has been elected to six-year terms ranging from four to five times.
Biden and his party also point to the age of the justices, a shot aimed at the oldest sitting jurist Clarence Thomas, who turned 76 this year. The president and the Democrats had no such qualms about Ruth Bader Ginsburg, who died at age 87. She served 27 years on the highest court.
The Constitution doesn't mention age limits for justices, but if age is on the table, what about Congress? There are 11 current members of Congress who are 80 or above, including 90-year-old Republican Chuck Grassley. Justice Thomas is a youngster by comparison.
The truth is Biden's "bold plan" to reform the Supreme Court has nothing to do with ethics, age or terms limits. This is a scam to make the court an adjunct of the executive branch, bending it to the political will of Democrats. It worked in Venezuela. Why not in the U.S.?
Court packing was tried under another Democratic Party President, Franklin D. Roosevelt. His motivation, like Biden's, was FDR's displeasure with SCOTUS rulings. The court struck down key components of Roosevelt's New Deal, drawing criticism from the president.
He secretly developed a plan to appoint additional justices for every sitting justice over the age of 70. It would allow FDR to appoint six additional justices to the court. Sound familiar? Once Roosevelt revealed his plan, it was met with stinging opposition, even from Roosevelt's Democratic Party.
Roosevelt's court packing scheme suffered a resounding defeat. The Biden court "reforms" deserve the same fate. America's democracy calls three separate branches of government. It's worked for 248 years and there are no Constitutional grounds for Biden's election year contrivance.
