One of Biden's Supreme Court reform obstacles: the Supreme Court

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The White House and Democrats are weighing options to respond to the Supreme Court's presidential immunity ruling. Former Investigative Counsel for the House January 6th Committee Marcus Childress and NBC News' Sahil Kapur join Ryan Nobles to discuss.

President Joe Biden is preparing to endorse Supreme Court reforms like term limits and a binding ethics code for the justices. Generally speaking, it’s a positive development at a time when the Roberts Court is exerting outsized power over the other two, nominally coequal branches of government. But even if Congress were to pass such reforms, the Republican-majority Supreme Court could strike them down as unconstitutional.

That doesn’t mean that the court’s protective view of itself is correct, or that Democrats shouldn’t push for change in any event. But a Supreme Court that jealously guards its power imposes a practical reality on any efforts to curtail that power. Perhaps counterintuitively, the most significant potential reform could be the least legally controversial: adding seats to the court to balance the 6-3 Republican supermajority.

 

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