President Joe Biden, seeking a second term, is running against the U.S. Supreme Court, primarily due to its decisions that overturned precedents protecting voting rights and reproductive rights. Additionally, he is critical of the recent ruling that grants presidents immunity from criminal prosecution, positioning the chief executive above the law as voiced by Justice Sonia Sotomayor in a dissenting opinion.
Critiquing the Supreme Court for its constitutional shortcomings is not a novel strategy and has proven effective in the past. In 1968, Richard Nixon heavily criticized the Warren Court during his presidential campaign, gaining significant support by attacking Chief Justice Earl Warren and his decisions on various issues such as desegregation, crime, and communism.
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Roosevelt’s successful campaign against the Court in his 1936 reelection bid inspired Nixon’s approach to criticize the Court for obstructing New Deal programs aimed at alleviating the Great Depression. Roosevelt accused the Court of imposing its economic and political ideologies on the nation, leading to a significant shift in public opinion.
Both Roosevelt and Biden utilized the Court as a focal point of their campaigns, emphasizing the importance of protecting rights and advancing social progress. The controversial Tipaldo ruling in 1936 acted as a turning point, solidifying popular support for Roosevelt’s stance against the Court’s opposition to social legislation.
President Biden, echoing Roosevelt’s strategy, is leveraging the Court’s decisions on women’s rights as a central campaign platform. By highlighting the Court’s limitations and advocating for constitutional reforms, Biden aims to mobilize public opinion against the Court’s perceived biases and shortcomings.
David Adler, Ph.D., is a noted author who lectures nationally and internationally on the Constitution, the Bill of Rights and presidential power. His scholarly writings have been cited by the U.S. Supreme Court and lower courts by both Democrats and Republicans in the U.S. Congress. Adler can be reached at david.adler@alturasinstitute.com.
