Following the Supreme Court's decision to overturn affirmative action in college admissions, President Biden voiced his apprehension about the potential for lasting damage from the court's conservative majority. In an MSNBC interview, he cautioned against attempts to expand the court, arguing that such a move would lead to harmful politicization.
While acknowledging the potential for significant harm from the court's current composition, Biden expressed a degree of optimism that some justices are becoming aware of the growing questions surrounding their legitimacy. He emphasized the importance of avoiding actions that could further politicize the court.
The president's interview followed closely on the heels of the 6-3 Supreme Court ruling that deemed affirmative action policies in college admissions unconstitutional, citing a violation of the 14th Amendment's equal protection clause. Prior to the interview, Biden had already expressed his view that the current court is not operating within typical norms.
Elaborating on his earlier remarks, Biden explained that the court's deviation from established precedent on various issues, including Roe v. Wade and the recent affirmative action decision, was what he meant by "not normal." He pointed to the court's overturning of long-standing precedents as evidence of its departure from established legal norms.
Pressed on whether he shared the sentiment of some Senate Democrats who label the court as "anti-democratic," Biden refrained from such a strong characterization. Instead, he pointed to differences in the court's value system and respect for institutions, suggesting a less inclusive interpretation of the Constitution's principles of equality.
