Leftists fear that Supreme Court could thwart a Harris presidency

By 
 August 5, 2024

The Supreme Court made headlines earlier this year when it ruled that judges need not defer to executive agencies when deciding whether Congress has granted authority to issue regulations.

According to Slate contributor and vociferous Trump critic K. Sabeel Rahman, that and other decisions may "tank a Kamala Harris administration."

Harris would face a "gantlet of judicial attempts at nullification"

Rahman predicted that "many of the big-ticket and urgent policies that the Biden–Harris administration has already started" will "have to run this gauntlet of judicial attempts at nullification."

Further, he maintained that "several agencies will see continued challenges to their very constitutionality," including the Consumer Financial Protection Bureau, SEC, Federal Trade Commission, and National Labor Relations Board.

Finally, Rahman argued that "these doctrines, judges, and litigants are poised at the ready to deploy in response to any new policy ideas that a Harris administration might offer."

The author then expressed doubt that "these restraints on executive power" are "likely to bind a next Trump administration equally" as the Supreme Court has "repeatedly shown its willingness to construct exceptions for the far-right vision of executive power."

Biden unveils Supreme Court reform proposal

Fear of the Supreme Court by leftists like Rahman explains why President Joe Biden President Joe Biden unveiled a plan late last month to reform it.

Biden's proposal includes term limits, an enforceable ethics code, as well as a constitutional amendment to curtail presidential immunity.

However, even some supporters of Supreme Court reform have voiced skepticism over whether such moves would even be viable.

They include The Hill contributor Chris Truax, who wrote in a recent op-ed piece that America's highest judicial body is "a zombie institution" that will continue "shuffling along until so many bits fall off that it becomes incapacitated."

Lindsey Graham says reform proposal "will be dead on arrival"

Yet while Truax accused the Supreme Court of "eroding its legitimacy," he nevertheless believes that "Biden's proposals aren't going to be effective" as any "half-measures" are "almost certain to fail in today’s partisan Capitol."

Truax's argument was vindicated by South Carolina Republican Sen. Lindsey Graham, who told CBS News host Robert Costa that any Supreme Court reform agenda "will be dead on arrival in the Senate."

The Hill quoted Graham as saying that Biden and other Democrats want "to destroy the court," adding, "They want to pack the court. They want … to undercut the conservative court."

"They've tried to marginalize the court and destroy the Roberts court. The Roberts court has brought constitutional balance back to the court, and the liberals in this country want to pack the court. They want to destroy the court," the senator stressed.

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