In recent weeks, U.S. President Joe
Biden called the Supreme Court ruling that he lacked the authority to waive
student debt “wrong,” adding, “This fight
is not over.” When the Supreme Court ruled that affirmative action in higher
education is unconstitutional, Biden said, “This is not a normal
court.”
“We cannot let this decision be the
last word. I want to emphasize: We cannot let this decision be the last word,”
Biden added. Vice President Kamala Harris said another recent
Supreme Court decision “threatens future progress.”
The Biden administration has often
stated that “trust in our democracy and democratic institutions” is essential.
“Toxic polarization is increasing across society and Americans’ trust in
institutions and in one another is decreasing,” it stated in December
2021.
H.R.3422, the Judiciary Act
of 2023, which seeks to expand the Supreme Court from nine to 12 judges, has
drawn 63 signatures since it was introduced nearly two months ago. It and the
way Biden and Democrats talk about the Supreme Court threaten democratic
institutions more than does Israeli judicial reform, which Biden and his
administration target frequently.
“Packing the U.S. Supreme Court would
do far more to undermine the judiciary than the judicial reforms proposed by
Israel,” Alan Dershowitz, the Harvard Law School professor emeritus and
prominent litigator and commentator, told JNS.
‘Breathtaking’ usurpation
Zack Smith, a legal fellow and manager of the
Supreme Court and appellate advocacy program at The Heritage Foundation, told
JNS that the justices which former President Donald Trump appointed to the U.S.
high court and the judicial reforms underway in Israel seek to return the
systems to interpreting law as written.
“In Israel, the Supreme Court has
usurped power to a breathtaking extent,” Smith said.
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