Sen. Elizabeth Warren (D-MA) is resuming her credibility attacks on the Supreme Court in lieu of sweeping reforms proposed by President Joe Biden as Democrats question whether justices have made ethical violations.
Warren previewed Biden’s proposal, which could include term limits, an enforceable ethics code, and a constitutional amendment that would eliminate presidential immunity, in a Sunday interview with CNN’s Jake Tapper on State of the Union.
“We’re working on changes to the Supreme Court,” Warren said. “It can be term limits. It could be adding the number of justices, things we can do without having to have a constitutional amendment.”
“We also have to change our Supreme Court, because 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, saying that Congress cannot authorize agencies to act,” the senator continued. “So we’ve got a Supreme Court that is actively undermining our democracy.”
Warren’s comments come after the Supreme Court ruled that former President Donald Trump may have some immunity from prosecution related to actions he took after the 2020 election. The ruling enraged many Democrats who have argued that the conservative majority, generated by Trump, is eroding the institution of the high court.
Biden is expected to unveil his proposal on Monday. Democrats have called for an ethics code in the wake of controversy surrounding Justices Clarence Thomas and Samuel Alito. These concerns have largely been panned by Republicans as smear campaigns attacking the legitimacy of the court.
Thomas has been criticized for accepting luxurious “gifts” from wealthy donors without disclosing them. He has maintained that he was not required to do so. Alito has refused to recuse himself from cases involving Trump and Jan. 6, 2021, defendants over an upside-down flag in 2021 and an “Appeal to Heaven” flag outside his New Jersey beach home, arguing that his wife had legal rights to fly the flag that is associated with those who stormed the Capitol.
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Rep. Alexandria Ocasio-Cortez (D-NY) filed impeachment articles against Alito and Thomas on July 10 as a response to the “unchecked corruption crisis on the Supreme Court” that has “spiraled into a Constitutional crisis.”
Warren has previously been critical of the Supreme Court, regarding the overturning of Roe v. Wade and the high court’s interference with Biden’s plan to cancel student debt.