Biden wants to reform the Supreme Court. So do Americans

On Tuesday evening, The Washington Post reported that President Joe Biden is preparing to announce his support for major reforms to the Supreme Court. Rather than call for immediate expansion of the court or for the impeachment of justices clearly violating the court’s toothless ethics guidelines, Biden will seek to establish term limits and an enforceable code of ethics.

Biden is also considering whether to promote a constitutional amendment to reverse the Supreme Court’s recent decision giving presidents broad immunity from prosecution.

While not offering the prospect of immediate relief from the precedent-breaking rulings of this ultraconservative court, Biden’s proposals would bring serious (and overdue) changes to the court—and they’re some of the most consequential ever put forward. The proposals also have the advantage of not being overtly partisan or created to generate a particular end, unlike court expansion. They also have the advantage of being really smart politics.

Republicans would viciously fight any Democratic proposal to expand the court. They would see any attempt by Biden to tack on four or six new justices as explicitly partisan, designed to weaken their iron grip on the court. Not only would such a proposal be immediately squelched in the Republican-controlled House, it also wouldn’t see much consideration in the filibuster-happy Senate.

When polled by Gallup in 2023, Americans were roughly evenly split over the idea of expanding the court, with 51% opposing it and 46% supporting it. But the same poll shows overwhelmingly bipartisan support both for placing an age limit on members of the court (74% support it) and for placing term limits on Congress members (87% percent support it). The reported proposal from Biden would sort of combine those two ideas, using a term limit for justices instead of an age limit. This has advantages over putting an age limit on the court because three of the four youngest justices are Trump appointees, and an age limit would allow them to remain on the court for decades to come.

And while Republicans would assail placing term limits on justices, that proposal would likely garner high enough levels of public support to make Republicans think twice. Even if they don’t, Republican leadership would be on record opposing a popular proposal, while Biden would be on record as offering an innovative solution to a widely-recognized problem.

Smart. Politics.

This is even more true for an enforceable code of ethics. A May survey from Data for Progress shows 77% of likely voters say Supreme Court justices and their spouses should be required to follow a code of ethics. Just 10% of likely voters, including only 18% of Republicans, oppose this idea. Overall, 73% felt that members of the court should be held to the same ethics standards as other federal judges. Only 17% felt that the court should be allowed to set its own ethical standards. 

That’s about as good a mandate as any idea is going to get in a day when the majority of Americans oppose teaching Arabic numbers. People may not know the history of the symbols they use when paying for a burger, but they know that Justice Clarence Thomas is dirty as hell.

Republicans in Congress are sure to view any ethics proposal as a response to the escapades of Justices Thomas and Samuel Alito and their insurrection-loving wives. So would the public. However, not only do a majority of likely voters support impeaching both Thomas and Alito (after voters are informed about those justices’ ethical lapses), but putting Republicans in the position of opposing ethical guidelines is essentially the same as forcing them to stand there and declare themselves the party of corruption.

That’s also very smart politics.

Biden’s proposal for a constitutional amendment to reverse the recent Supreme Court ruling on presidential immunity is also likely to be popular. No one is particularly fond of the “Seal Team 6” scenario in which a president would be immune from having his political rivals assassinated. And it could be seen as a willingness on Biden’s part to surrender power and hold his office to higher standards at the same time that he is proposing such standards for the court.

None of this is to say that expanding the court is a bad idea. It may be the only way that the United States could gain relief from this court’s egregious rulings. Democrats should absolutely be ready to push that idea if this year’s election provides them the presidency and a majority in both chambers of Congress.

But right now, Senate Majority Leader Chuck Schumer and Senate Judiciary Committee Chair Dick Durbin should be prepared to pounce on Biden’s court proposals as soon as they are announced.

There are good ideas. These are likely to be popular ideas. This is a very good fight to have in the months leading up to the election. So please, have it. Loudly and enthusiastically.

Now would be better than later. Getting this in public and forcing Republicans to react to it while the RNC is still going on would be just … peachy. Let Donald Trump deliver an acceptance speech in which he bombastically defends corruption. Put Republicans on the defense.

And deliver something the public not only wants but needs.

Morning Digest: Vulnerable Washington Republican plays 3D chess to keep career afloat

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

Subscribe to The Downballot, our weekly podcast

Leading Off

WA-04: Rep. Dan Newhouse, who is one of the two remaining House Republicans who voted to impeach Donald Trump following the Jan. 6 riot at the U.S. Capitol, has launched an ad attacking one of his intraparty foes ahead of Washington’s Aug. 6 top-two primary—but not the one endorsed by Trump.

The congressman's target instead is Tiffany Smiley, who was the GOP’s nominee against Democratic Sen. Patty Murray in 2022. Newhouse's spot, which appears to be his first negative ad of the campaign, does not mention Trump's choice in the conservative 4th District, former NASCAR driver Jerrod Sessler.

Rather, Newhouse's ad features a cast of voters in central Washington arguing that Smiley "deceived" her donors following her defeat last cycle.

"Tiffany Smiley started a PAC claiming to raise money to support conservative candidates," one declares, "but contributions were funneled to pay off her own multimillion-dollar campaign debt."

Smiley raised $20 million for her Senate race, a contest that, according to several conservative pollsters, had a real chance to succeed in an otherwise blue state. Despite those optimistic numbers, though, she finished on the wrong end of a 57-43 landslide and wound up with $1 million in unpaid bills.

Smiley took to conservative media a few months later to announce the launch of a group called Endeavor PAC to aid "political outsiders," and she pledged that "every dollar amount goes directly towards helping candidates." The Seattle Times' Jim Brunner, however, reported that donations to the group were directed toward paying off Smiley’s remaining debts to a Virginia-based consulting firm.

Brunner noted that Endeavor PAC's website did explain how donations would be prioritized—albeit in the "eighth paragraph of tiny print on the PAC's donation page."

"If you are not familiar with this stuff, it all looks like a bunch of gobbledygook," said Brendan Glavin of the campaign finance watchdog OpenSecrets, who nonetheless agreed that Smiley appeared to be adhering to the law.

Smiley, for her part, recently debuted her own commercial in which she argues that voters can "secure our border and make life affordable again by picking better people to fight for us in Congress." A different ad explicitly attacks Newhouse for his 2021 impeachment vote and calls Sessler a vegan who “wants to tax our beef.” 

Sessler tells The Spokesman-Review that the claim about him wanting to tax beef is “a complete lie.” He also says that, while he’s tried to eat “a lot of raw, fresh, organic food” after being diagnosed with cancer 25 years ago, he still consumes beef. Sessler does not appear to have launched any TV ads of his own yet.

The only poll we’ve seen is a late June internal for Smiley from Newton Heath, a firm we don’t often come across, that the Tri-City Herald first reported about on Friday. The survey places Smiley in first with 30% as Newhouse beats out Sessler 21-11, with Democrats Mary Baechler and Barry Knowles at 9% each. 

While this is just one survey, there was already reason to think the general election could be an all-Republican affair, just as it was in both 2014 and 2016. In more recent cycles, only a single Democrat has appeared on the primary ballot: This time, however, Baechler, Knowles, and another contender named Jane "Birdie" Muchlinski are each campaigning as Democrats. (This doesn't include John Malan, a perennial candidate who will be listed on the ballot as a "MAGA Democrat.")

With such a crowded field, the vote could be badly fractured, but that's likelier to keep Democrats from advancing rather than Republicans: Given that Trump carried the 4th District 57-40 in 2020, there are simply fewer left-leaning votes to go around.

And not only are we almost entirely flying blind in terms of polling, there hasn't been much money to follow either: So far, outside groups have spent just $50,000 to boost Newhouse and around $75,000 on behalf of Smiley. That could, however, change during the final weeks of the contest.

Newhouse is hoping to avoid the fate of his former Evergreen State colleague, Jaime Herrera Beutler, who made history the hard way two years ago in the neighboring 3rd District. Until her race, no incumbent had ever failed to advance out of a top-two primary since Washington adopted the system in 2008.

But like Newhouse, Herrera Beutler supported impeaching Trump, who responded by endorsing her MAGA challenger, Army veteran Joe Kent. Marie Gluesenkamp Perez consolidated the Democratic vote, while Kent narrowly edged past Herrera Beutler, only to lose to Gluesenkamp Perez in an upset in the fall.

Herrera Beutler was one of eight pro-impeachment Republicans who never returned to Congress, with several losing primaries and several others opting to retire. Just two held their seats: Newhouse and California Rep. David Valadao, who is a top Democratic target this fall.

Governors

DE-Gov: An outside group called Citizens for a New Delaware Way released a poll on Thursday arguing that Lt. Gov. Bethany Hall-Long is beatable in the Sept. 10 Democratic primary for governor and said it would seek deprive her of the nomination.

The survey, conducted by Slingshot Strategies, shows Hall-Long deadlocked 27-27 with New Castle County Executive Matt Meyer while National Wildlife Federation leader Collin O'Mara take 7%. A 34% plurality are undecided, while the remaining 5% opt for "someone else."

Citizens for a New Delaware Way said it would spend "upwards of $1 million" in this year's elections, though it hasn't said how much it plans to commit specifically to the primary to succeed termed-out Democratic Gov. John Carney. The organization, which says it "promotes transparency, accountability, diversity, and inclusion in Delaware's state government and court system," said it was targeting Hall-Long because of what it called her "failure to support judicial diversity." It does not appear to have endorsed Meyer or O'Mara.

House

WA-06: State Sen. Emily Randall has publicized an endorsement from former Gov. Christine Gregoire, a fellow Democrat who led Washington from 2005 to 2013, ahead of the Aug. 6 top-two primary for the open 6th District.

Poll Pile

  • WI-Sen: North Star Opinion Research (R) for American Greatness: Tammy Baldwin (D-inc): 49, Eric Hovde (R): 41 (46-44 Trump in two-way, 38-36 Trump with third-party candidates) (April: 49-40 Baldwin)

  • IL-11: Cygnal (R) for Jerry Evans: Bill Foster (D-inc): 41, Jerry Evans (R): 34 (38-37 Biden with third-party candidates)

Ad Roundup

Abbreviated Pundit Roundup: Aftermath of a shooting

Abbreviated Pundit Roundup is a long-running series published every morning that collects essential political discussion and analysis around the internet.

Edward Luce/Financial Times:

America is staring into the abyss

After the attempted assassination of Donald Trump, an already existential election is now even more fraught

It is not just Donald Trump who dodged a bullet. Half an inch to the left and the cartridge that grazed Trump’s ear would have turned him into a martyr. There is no telling what his death would have unleashed.

As it is, the reprehensible attempted assassination of Trump will have profound reverberations for US democracy. Within seconds of being blanketed by secret service agents, Trump was yelling “fight, fight, fight” to the crowd. The instantly ubiquitous photo of him pumping his fist against the backdrop of the stars and stripes will become the emblem of his campaign.

A high-trust society would have awaited the facts of the shooting before leaping to conclusions. By that yardstick, America is close to the edge. Two of the Republicans auditioning to be Trump’s vice-presidential running mate blamed Democrats for inciting hatred of Trump. The favourite, Ohio senator JD Vance, said the Biden campaign’s rhetoric “led directly to President Trump’s attempted assassination”. Tim Scott, the South Carolina senator, said Democrats’ “inflammatory rhetoric puts lives at risk”. Elon Musk, owner of the site, X, on which these statements were posted, was quick to weigh in on a conspiracy about how the shooter could have got so close: “Either extreme incompetence or it was deliberate,” Musk wrote.

The Republican convention starts Monday. That will put an end to the “politics on hold” feeling throughout the country as we assess where we are at and where we are going.

Two years ago, Congress considered banning 18-20 year-olds from buying AR-15s and other semi-automatic rifles after the Uvalde massacre, and some Republicans were briefly open to doing so but ultimately blocked including a ban in the bipartisan gun bill signed by Biden. https://t.co/0tG5WmzUDH

— Steven Dennis (@StevenTDennis) July 14, 2024

David Frum/The Atlantic:

The Gunman and the Would-Be Dictator

Violence stalks the president who has rejoiced in violence to others.

Fascism feasts on violence. In the years since his own supporters attacked the Capitol to overturn the 2020 election—many of them threatening harm to Speaker Pelosi and Vice President Mike Pence—Trump has championed the invaders, would-be kidnappers, and would-be murderers as martyrs and hostages. He has vowed to pardon them if returned to office. His own staffers have testified to the glee with which Trump watched the mayhem on television.

Now the bloodshed that Trump has done so much to incite against others has touched him as well. The attempted murder of Trump—and the killing of a person nearby—is a horror and an outrage. More will be learned about the man who committed this appalling act, and who was killed by the Secret Service. Whatever his mania or motive, the only important thing about him is the law-enforcement mistake that allowed him to bring a deadly weapon so close to a campaign event and gain a sight line of the presidential candidate. His name should otherwise be erased and forgotten.

Washington Post:

Misinformation spreads swiftly in hours after Trump rally shooting

Conspiracy theories swell around false flags, Deep State, Biden and the Secret Service, filling the information vacuum as consumers choose their own reality.

Even after investigators identified the shooter and confirmed some details of the attack, conspiracies that were born Saturday evening hardened into narratives that further politicized the violence.

Some accounts from the left of the political spectrum immediately claimed that the shooting was a “false flag” operation perpetrated by Trump’s own supporters. Some on the far right accused President Biden of ordering a hit on a political rival.

“Incidents of political violence spawn conspiracy theories and false narratives when people try to spin the event to suit their various agendas,” Megan Squire, deputy director for data analytics at the Southern Poverty Law Center’s Intelligence Project, told The Washington Post. “This incident is no different, with people concocting ‘false flag’ conspiracies and even blaming innocent people for either committing this crime or inspiring it.”

New polls from Fox, CBS, & NBC this AM find Trump up by 1-2 pts, well within the margin of error, nationally and in the swing states. This is a close race where anything (assassination attempts, health concerns, policy salience, ground game, poll bias) could make the difference.

— G Elliott Morris (@gelliottmorris) July 14, 2024

New York Times:

Some Political Figures Who Condemned Saturday’s Violence Spoke From Experience

Judges, members of Congress and local elections officials have all been besieged with threats of political violence in recent years.

In a striking sign of how deep violence has become embedded in American politics, several of the political figures who condemned the shooting at Saturday night’s rally for former President Donald J. Trump had experienced political violence themselves.

“Political violence is terrifying. I know,” Gabrielle Giffords said in a statement. Ms. Giffords, a former Democratic representative from Arizona, was shot in the head at a political event in 2011, where six people were killed. “I’m holding former President Trump, and all those affected by today’s indefensible act of violence in my heart.”

Essential chart from the new mega report on the general election by @Moreincommon_ The vast majority of people — including Reform voters — said the Tories lost because they were incompetent, not because they were too left or right wing. pic.twitter.com/534QW3osjy

— John Burn-Murdoch (@jburnmurdoch) July 15, 2024

Phillips P O’Brien/”Phillips’s Newsletter” on Substack:

An Even Worse Letter About Ukraine

Which Did Not Seem Possible After the Realists Stepped In.

Its open season for terrible open letters by academics and retired civil servants and other assorted Russian apologists telling Ukraine what Ukraine must do, and other countries who want to support Ukraine what they must do (or more accurately what they must not do). There was the open letter by the “Realists” last week, which I talked about in Sunday’s weekend update. This letter was covered with unsupported (and unsupportable) statements and had some weird logical inconsistencies. What is interesting is that on Twitter one of the authors came to say I was wrong—but when I asked him about one of those inconsistencies (why should the Baltic states be treated any differently on this than Ukraine), there was no response.

Phillips P O’Brien/The Atlantic:

The Final Six Months of U.S. Aid for Ukraine

If Trump wins, Kyiv’s cause is in danger. Biden must prepare for that possibility.

The Ukrainian people may be six months away from losing military aid from the United States—again. President Joe Biden, however, seems not to recognize any urgency. When ABC’s George Stephanopoulos asked him how he’d feel if Donald Trump defeated him in November, Biden responded, “I’ll feel as long as I gave it my all and I did the good as job as I know I can do, that’s what this is about.” Biden’s personal feelings will be small consolation to the Ukrainian people, for whom Trump’s return could prove deadly.

Last year, the former president helped engineer what turned out to be an approximately four-month interruption in U.S. assistance to Ukraine, which Russia invaded in 2022. Trump has vowed to end the war quickly, which would likely mean letting Russia keep territory it seized in 2022 and giving Russian President Vladimir Putin an advantageous position for future invasions. Trump is leading in the polls. Biden’s administration—which has supported Ukraine steadfastly, albeit overcautiously in many respects—should be taking aggressive steps now to bolster that beleaguered country’s self-defense while it still can.

Matt McNeill and Cliff Schecter discuss Alexandria Ocasio-Cortez and the impeachment articles against Justices Thomas and Alito:

Biden’s Cabinet condemns attempted assassination of former President Trump

Amid a sea of inflammatory political rhetoric this election season, President Biden and White House Cabinet members unequivocally condemned political violence after the attempted assassination of former President Trump over the weekend, with many also expressing sympathy for Trump and condolences to the family of a spectator killed during the attack.

Vice President Harris wrote on X that "assassination attempts have no place in our nation," adding that she and her husband, Doug Emhoff, were praying for the family of the deceased victim, identified as a former fire chief, Corey Comperatore.

"As @POTUS said, we must work toward unity as Americans. Assassination attempts have no place in our nation, or anywhere. Doug and I pray for the family of the victim who was senselessly killed yesterday and hope for a speedy recovery for those injured.

TRUMP SAYS HE WAS ‘SHOT WITH A BULLET’ IN ASSASSINATION ATTEMPT AT PENNSYLVANIA RALLY

Secretary of State Antony Blinken, Secretary of Defense Lloyd Austin, Attorney General Merrick Garland, Secretary of Health and Human Services Xavier Becerra, Secretary of Transportation Pete Buttigieg and Secretary of Homeland Security Alejandro Mayorkas also condemned "political violence in America." 

"I’m shocked and saddened by the shooting at former President Trump’s rally and grateful that he is safe. As @POTUS said, there is no place for political violence in America and we must all condemn it," Blinken posted to X on Saturday night.

TRUMP ASSASSINATION ATTEMPT SHINES LIGHT ON RALLY SECURITY

Austin said the "entire" Department of Defense "condemns this violence, which has absolutely no place in our democracy."

"This is not the way that we resolve our differences in America — and it must never be. I’m relieved that reports indicate former President Trump is safe, and I am praying for him and his family and everyone affected by this appalling incident," he said.

Garland – who caught the ire of House Republicans this year who voted to hold him in contempt of Congress over the Biden-Hur audio recordings – released a lengthy statement on Sunday offering condolences to the victim's family and thanking law enforcement officers who responded to the attempted assassination.

"I want to reiterate that the violence that we saw yesterday is an attack on our democracy itself," Garland said. "The Justice Department has no tolerance for such violence. And as Americans, we must have no tolerance for it. This must stop."

SUSPECTED TRUMP SHOOTER MAY HAVE BEEN CONFRONTED BY AN OFFICER ON THE ROOF

Becerra, who previously brought a lawsuit against Trump during his presidency over allegedly violating the Clean Air Act, the Energy Policy and Conservation Act, said he was "relieved" to hear that Trump was safe.

"Political violence is never acceptable. While we learn more about what happened, there is no escaping the fact that gun violence is an urgent public health crisis in this country," Becerra's post on X read.

Buttigieg, who has been one of Trump's vocal critics over the years, called the incident a "horrible moment" and said he was "encouraged" that Trump was doing well.

"An entire nation must speak with one voice today to completely and unequivocally reject all political violence," he wrote on X. 

Other Cabinet members offering sympathies include Secretary of Agriculture Tom Vilsack, Secretary of Commerce Gina Raimondo, Secretary of Veteran Affairs Denis McDonough and U.S. Ambassador to the United Nations Linda Thomas-Greenfield.

"My prayers are with all of the victims who were injured or killed during yesterday's attack, and with those traumatized by the violence. Such acts ought not to happen at a political rally, or any place else, in our country," Vilsack wrote on X. 

BIDEN VOWS SECRET SERVICE WILL PROVIDE TRUMP WITH 'EVERY RESOURCE' TO ENSURE 'CONTINUED SAFETY'

"We condemn this violence in the strongest possible terms and commend the Secret Service for their swift action today," Mayorkas – who has also been the subject of House GOP impeachment inquiries – wrote on X. "We are engaged with President Biden, former President Trump, and their campaigns, and are taking every possible measure to ensure their safety and security."

He added that maintaining the safety of presidential candidates is one of the department's "vital priorities."

The statements come just a day before the Republican National Convention is scheduled to begin on Monday in Milwaukee, where delegates will officially select Trump to be the presumptive GOP presidential candidate. Biden said early Sunday he instructed the Secret Service to thoroughly examine all the Republican National Convention's security measures ahead of its start time, but the agency said it will not change its current protocol for the weeklong event.

Susan Collins to write in Nikki Haley for president, bucking Trump

Sen. Susan Collins, R-Maine, reiterated to reporters that she still supports former U.N. Ambassador Nikki Haley for president despite Haley no longer being in the race for the Republican nomination. 

The Maine Republican will write in Haley's name on her ballot in November rather than former President Trump or President Biden, according to local CBS reporter Dan Lampariello. 

Collins' office confirmed to Fox News Digital her plan to vote for Haley. 

TESTER DENIES TIGHT RACE, SAYS INTERNAL POLLING HAS HIM BEATING SHEEHY: ’KICKING HIS A--’

A spokesperson for the Maine senator noted she has previously said she'd be supporting Haley and not Trump. 

BIDEN DRAGS DOWN MICHIGAN SENATE RACE AS COOK POLITICAL REPORT DECLARES 'TOSS UP'

"I will not be voting for either candidate. I am going to write in Nikki Haley’s name," Collins said, according to another local outlet. 

The Republican senator previously endorsed Haley late in the Republican primary, calling the candidate "extremely well-qualified."

"She has the energy, intellect and temperament that we need to lead our country in these very tumultuous times," Collins said of Haley. 

However, Haley exited the primary race soon after the endorsement. 

The former South Carolina governor's departure from the race didn't change Collins' position though. 

"I cannot support former President Trump. I voted to convict him on the second impeachment charges, so I don't think it should come as a surprise that I cannot support him," she said in March, weeks after Haley had already suspended her campaign. 

DEM SENATOR HELPS BLOCK BIDEN JUDICIAL NOMINEE AMID CONTROVERSY OVER TRANSGENDER INMATE

As Collins pointed out in the spring, she was one of seven Republican senators in 2021 who voted to convict Trump for allegedly inciting insurrection on Jan. 6, 2021, when some of his supporters rioted at the U.S. Capitol. 

And while Trump has become the clear Republican nominee and is slated as of now to take on Biden in November, it's apparent Collins' mind has not changed on the situation. 

Trump's campaign did not immediately provide comment to Fox News Digital. 

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Luna’s bid to force Garland to hand over Biden-Hur tapes fails in House

House Democrats and some Republicans joined together to block Rep. Anna Paulina Luna's bid to fine Attorney General Merrick Garland $10,000 per day until he released audio tapes of President Biden's interview with special counsel Robert Hur.

Democrats failed to block the resolution from hitting the floor on Wednesday evening, setting up a vote on the measure for Thursday.

Luna has for weeks threatened to force a vote on holding Garland in "inherent contempt" and appealed to both Republicans and Democrats to support the effort, citing concerns about Biden's mental acuity spurred by his disastrous performance in the CNN Presidential Debate.

Her initial bill would have directed the House sergeant-at-arms to arrest Garland in order for the chamber to hold its own trial. It is a little-known procedure, not invoked since the 1930s, that has never been used on a Cabinet official.

DOJ WON'T PROSECUTE AG GARLAND FOR CONTEMPT FOR REFUSAL TO TURN OVER AUDIO FROM BIDEN, HUR INTERVIEW

Luna agreed to delay forcing the vote until this week after discussing the matter with House Speaker Mike Johnson, R-La. 

She also modified her bill to fine Garland instead of arresting him.

A Department of Justice (DOJ) spokesperson said in response to the GOP effort, "This is unconstitutional. We are confident our arguments would prevail in court." 

Republicans have been seeking the audio tapes of Biden's interview in Hur's classified documents probe for months as part of their impeachment inquiry into the president. 

ANNA PAULINA LUNA CALLS FOR $10,000 PER DAY FINE ON GARLAND FOR BIDEN-HUR AUDIO TAPE

House GOP lawmakers, some of whom long held that Biden is not mentally fit for office, voted to hold Garland in contempt of Congress last month for his refusal to turn over audio tapes of Hur’s interview with Biden on his handling of classified documents. The DOJ has refused to prosecute, citing Biden’s decision to call for executive privilege over the tapes.

Democrats have also pointed out that the full transcript is already available and have bashed the effort as nakedly partisan.

However, Republicans argue that the tapes would provide necessary context about Biden’s mental acuity that could not be gleaned from the transcript.

EX-REP. CHARLIE RANGEL, 94, QUESTIONS WHETHER BIDEN BELONGS IN NURSING HOME, NOT WHITE HOUSE

Some GOP lawmakers reignited those calls in the wake of Biden's debate performance late last month. 

The 81-year-old president spoke with a hoarse voice, reportedly due to a cold, and stumbled over his own answers several times during the primetime event. Viewers also observed him appearing tired and noticeably less sharp than he looked the last time he faced former President Trump in 2020.

The House GOP also sued Garland last week in order to obtain the tapes, with the lawsuit being led by House Judiciary Chairman Jim Jordan, R-Ohio.

Amy Coney Barrett asserts her voice, carries on Scalia legacy

After her fourth term on the bench, Supreme Court Associate Justice Amy Coney Barrett is asserting her voice and following in the footsteps of the late Justice Antonin Scalia, a pioneer of originalism on the high court and her former boss. 

Barrett, appointed by President Donald Trump in October 2020 to fill the seat of the late Ruth Bader Ginsburg, surprised some this term by voting in a few key cases with the Democrat-appointed minority.

But legal experts say that the former law professor is proving that her interpretation of the Constitution is consistent with what the Founding Fathers intended, and that disagreements between her and her fellow conservative justices should be "celebrated."

"This term we have seen all the originalist justices engaged in a healthy debate about how to apply tenets of originalism and textualism in many different contexts," Carrie Severino, president of JCN, told Fox News Digital in an interview. "And that is a sign that the originalist project has matured, and that the justices are fleshing out these important principles, and it should be celebrated."

AOC FILES ARTICLES OF IMPEACHMENT AGAINST JUSTICES ALITO, THOMAS, ALLEGES 'UNCHECKED CORRUPTION'

For many years, a widely lauded and accepted judicial philosophy was that the Constitution was a "living and breathing document." But conservative legal practitioners contested that approach as too volatile to political whims, judicially inappropriate and a departure from what the founders actually wrote in their original intent. 

But in the 1980s, the concept of an originalist interpretation of the law started to grow, largely driven by Reagan-appointed Justice Scalia.  

"It used to be that the late, great, Justice Scalia was basically the only originalist on the court," said John Shu, a constitutional lawyer and former official in both Bush administrations. "Then, in 1991, it became Scalia and Thomas and sometimes Rehnquist. In 2005 and 2006, it became Scalia, Thomas, Roberts, and Alito.  And since 2017, Gorsuch, Kavanaugh, and of course Justice Barrett joined the Court, and she is very much following in Justice Scalia’s, for whom she clerked, footsteps."

Some experts say that approach bore out this term when Barrett sided with her liberal colleagues in the case in which the majority ruled in favor of a participant in the Jan. 6, 2021, Capitol riot who challenged his conviction for a federal "obstruction" crime. 

That case will likely aid the legal arguments of former President Trump who was charged with obstruction, among other crimes, by Special Counsel Jack Smith.

JUSTICE AMY CONEY BARRETT SAYS PUBLIC SCRUTINY OF SCOTUS IS 'WELCOME'

In her dissent, Barrett wrote that by "narrowing" a federal statute, the Court "failed to respect the prerogatives of the political branches."

"[S]tatutes often go further than the problem that inspired them, and under the rules of statutory interpretation, we stick to the text anyway," Barrett wrote, adding that the Court’s majority abandoned that approach and does "textual backflips to find some way— any way—to narrow the reach" of the statue at issue. 

Severino says that in her dissent, Barrett was "exactly in line" with Scalia's approach to that type of clause.

"Within originalism and textualism, there are people who in some particular instances may disagree on how those principles apply in a specific case," Severino wrote. "So it's not surprising that Barrett is going to have a different approach than Thomas or Alito or Gorsuch or Kavanaugh. They all have their own slightly different flavors, different personality, to exactly how they apply those," Severino said. 

"It’s a great sign that the justices are openly discussing what's the best way to apply originalism and textualism, the original intent and the actual text, which is what good and fair judges are supposed to do," said Shu.

"Justice Barrett’s opinions from this term indicate that the Scalia approach, over time, carried the day," he said.  "He also was great at showing how the originalist perspective is the common-sense perspective, and the one most faithful to the law and to a judge’s responsibilities."

Ilya Shapiro, senior fellow at the Manhattan Institute, noted that Barrett "was law professor for a long time, so she has a different background than everybody else on the court."

"She's very thoughtful, she's very intellectual, she's very theoretical. She wants to get the theory right. She's a professor's justice," he observed. 

"She’s still very much in the Scalia mode. She's thinking about how to apply history and tradition and what that test means, and getting the theory of the matter right," he said. 

Which he said "was clear in the immunity decision, where she agreed fully with Robert's majority opinion, but said it would have been better to reframe this as an unconstitutional application of criminal law, rather than calling it immunity."

BIDEN'S SCOTUS CRITIQUES LARGELY UNPRECEDENTED, EXPERTS SAY, CONTRAST WITH CLINTON'S DEFERENCE IN 2000

"She's not a moderate. She's not a centrist. She’s not moving left," Shapiro said. "She’s an originalist and a textualist."

Jennifer Mascott, law professor at Catholic University and former Justice Department official, said Barrett’s writings this term "show a highly intelligent, careful principal jurist who is looking herself, as all the justices do, independently at the questions before her, and just taking the time for the American public to explain in important cases where she may have done something differently than the majority opinion." 

Notably, Barrett authored a concurrence in the case in which the high court unanimously ruled that Colorado could not remove Trump from 2024 election ballot. 

"The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up," she wrote. For present purposes, our differences are far less important than our unanimity: All nine Justices agree on the outcome of this case. That is the message Americans should take home."

The former Notre Dame professor is not without criticism on the right, with some conservative observers saying she can be too cautious or timid when it comes to upsetting precedent.

Giancarlo Canaparo, senior fellow at the Edwin Meese III Center for Legal and Judicial Studies, says Barrett is "extremely mindful of the difference between conservative judges and conservative politicians, and she's trying very hard to be a conservative judge."

"And that means, I think, for her, not only being faithful to the text of the law and the Constitution, but also making sure that the court doesn't move on a particular issue until it’s sort of aware of the downstream effects on this doctrine or that doctrine," he said.

Canaparo observed that Barrett "needs to feel like she knows everything that can possibly be known" about a matter in order to make a move. 

"She's going to take positions when she feels like she knows everything, which is often in in those few areas where she wrote that she wrote about as a professor, but in other cases, we see areas where she's unwilling to make moves based on whatever information she has on hand, which you know that can be a good thing sometimes. Sometimes not."

But "sometimes, like a general, you've got to go with what information you have," he said. 

"Sometimes it seems like maybe she doesn't actually want a particular party to win, or she doesn't want to make a particular move, and so she uses the claim that there isn't enough information in the record as sort of an out."

Canaparo's critique aside, though, conservative legal watchers appear to sign on to Bush administration veteran John Shu's opinion that, "all in all, I think it’s great that a former Scalia clerk is now on the Court to carry on his legacy."

Fox News Politics: Dem Senate Stress

Welcome to Fox News’ Politics newsletter with the latest political news from Washington D.C. and updates from the 2024 campaign trail. 

What's happening…

-Biden advisors are joining Senate Democrats for special meeting

-AOC files articles of impeachment against Justices Alito and Thomas

-6 states shift toward Trump in 2024 race

The majority of Democrats are continuing to oppose calling for President Joe Biden to drop out of the race after Tuesday's closed-door meeting, regardless of the fact that most Democrats have expressed concerns about the President's ability to serve a second term.

Biden sent a sharply worded letter to the party leaders stressing a refocus on former President Trump instead of the President and his cognitive abilities. Momentum is slowing down for the moment as Democrats toe the party line.

"I’m staying with Papa," Rep. Adriano Espaillat, D-N.Y., said, according to the AP …Read more

'RADICAL': Missouri AG sues Biden admin over controversial Affordable Care Act adjustment …Read more

'LIKE A SON': Who is Biden's White House physician, and how close are his ties to the first family? …Read more

MORE OF THE SAME?: Biden's border policies would likely be extended if this swing state Dem is the new nominee …Read more

CORRECTING THE RECORD: WH had to correct Karine Jean-Pierre after an erroneous claim that a neurologist did not meet Biden in January …Read more

PACKED SCHEDULE: Biden kept remarks to the AFL-CIO union brief Wednesday before heading to NATO summit …Read more

IN THE ROUGH: Biden changes tune on Trump golf challenge he was once 'happy to play' …Read more

'F--- TRUMP': Vulnerable Dem senator meets with radical group that supports 'halting' deportations …Read more

'CORRUPTION CRISIS': AOC files articles of impeachment against Justices Alito, Thomas on Wednesday …Read more

'INCREDIBLY IRONIC': Sotomayor co-signed opinion claiming the Second Amendment does not give private citizens a right to self-defense …Read more

FURIOUS TIRADE: Trump warns GOP to 'pass the SAVE Act' or 'go home and cry yourself to sleep' …Read more

DAMAGE CONTROL: Biden campaign to meet with Senate Dems as lawmakers express concern …Read more

CIRCLING WAGONS: House Dems defend Jeffries as Left's disarray over Biden grows …Read more

SWING STATE SLAMMED: Lawmakers demand answers over 'weaponized' election order …Read more

REPUBLICAN RECOUNT: Colby Jenkins trails Trump-endorsed incumbent Celeste Maloy by fraction in Utah primary, sparking recount …Read more

TOWING THE LINE: Democrats are reigning in calls for Biden to step aside after closed-door meeting …Read more

TIME TO GO?: Swing state voters say Biden debate performance 'really impactful' on their presidential election decision …Read more

'DO THE WORK': Newsom tells DNC staff to 'worry less' in pep talk: report …Read more

'DEEP CONCERNS': First Democrat senator says Biden can't win re-election amid health concerns …Read more

'UNFULFILLING' VINDICATION: Dean Phillips breaks silence on Biden campaign chaos following debate …Read more

BEATING THE CLOCK: Biden campaign schedule reveals president's plans amid calls to exit 2024 race …Read more

JOE'S THE MAN: Top Dem says others know they can't beat Biden …Read more

IN THE MIX: US intel agency say Russia interfering in 2024 election for Trump …Read more

RACE SHIFT: 6 states move toward Trump in Electoral College: Cook Political Report …Read more

'HIGHLY INAPPROPRIATE': Alaska federal judge resigns from lifetime position as new report details misconduct …Read more

ALL EYES ON US': NATO summit 'pivotal' make-or-break for Biden amid fitness scrutiny …Read more

'NOT TOLERATED': Woman locked up after allegedly admitting to threatening GOP governor's life …Read more

NOT OUR POSITION: ABC distances itself from anchor's explosive Biden comment …Read more

DEMOCRATS IN 'DISARRAY': Charlamagne says Dems in 'such disarray,' 'I really don’t think they can win now' …Read more

'MENTAL HEALTH CRISIS': Virginia Gov. Youngkin orders 'cellphone-free' schools …Read more

Subscribe now to get Fox News Politics newsletter in your inbox.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more on FoxNews.com.