The U.S. Supreme Court delivered a historic series of defeats to President Joe Biden during his four-year term. The court’s conservative majority consistently struck down key elements of Biden’s agenda and overturned longstanding precedents cherished by liberals.
Overturning Roe v. Wade and expanding gun rights
In 2022, the court overturned Roe v. Wade, the landmark 1973 decision that recognized a constitutional right to abortion. This was a crushing blow to the Biden administration, which had fought to preserve abortion rights. That same year, the justices expanded gun rights, rejecting the administration’s position. The trend continued in 2024 when the court struck down a federal ban on “bump stock” devices that allow semiautomatic weapons to fire rapidly.
Racial justice and student loan relief setbacks
Another major setback came in 2023 when the court struck down race-conscious admissions policies at colleges and universities. These policies, defended by Biden’s team, aimed to boost enrollment of Black, Hispanic, and other minority students. That same year, the court blocked Biden’s $430 billion student loan relief plan, a key campaign promise.
Environmental challenges and limits on federal authority
Environmental policy was another area where the court hampered Biden’s efforts. The justices limited the Environmental Protection Agency’s authority, part of a broader series of rulings that curbed federal regulatory powers. This followed the court’s embrace of the “major questions doctrine,” a conservative principle that gives judges wide latitude to block executive actions deemed economically or politically significant unless clearly authorized by Congress.
Comparisons to Roosevelt’s defeats
Erwin Chemerinsky, dean of UC Berkeley Law School, compared Biden’s defeats to those of Franklin Roosevelt in the 1930s, when many New Deal programs were declared unconstitutional. Similarly, John Yoo, a former Justice Department lawyer under George W. Bush, called Biden’s losses “an amazing number” on issues central to his presidency.
A conservative majority shaped by Trump appointments
Biden’s presidency coincided with the cementing of a 6-3 conservative majority on the court. Donald Trump, his Republican predecessor, had appointed Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Their lifetime appointments, alongside those of conservative justices John Roberts, Clarence Thomas, and Samuel Alito, tilted the court decisively to the right. Biden’s lone appointee, Ketanji Brown Jackson, replaced liberal Justice Stephen Breyer, leaving the court’s ideological balance unchanged.
Biden’s frustration and proposals for court reform
Biden’s frustrations with the court were palpable. He described it as “not a normal court” and proposed sweeping reforms in his final year, including term limits and enforceable ethics rules. However, these proposals went nowhere due to Republican opposition in Congress.
Failure to adapt to conservative judicial approach
Critics argue that Biden’s administration failed to adapt to the court’s conservative approach. John Yoo noted that the administration refused to accept the court’s focus on the Constitution’s “original understanding, history, and tradition,” rendering its arguments ineffective. This failure was particularly evident in cases targeting federal regulatory agencies, long a target of conservative efforts to limit government power.
The court’s impact on executive power and federal agencies
The court’s decisions had far-reaching implications. It struck down Biden’s student debt relief plan and curtailed the EPA’s ability to regulate carbon emissions. These rulings highlighted the court’s disdain for executive actions filling the void left by a gridlocked Congress, according to Cornell Law School professor Gautam Hans.
The reversal of chevron deference and regulatory authority
In 2024, the court dealt another blow to regulatory authority by overturning the 1984 “Chevron deference” precedent. This doctrine had allowed agencies to interpret laws they administer, but its elimination marked a victory for conservatives and business interests.
Biden’s few victories and procedural wins
Despite the setbacks, Biden’s administration secured a few victories. In his final days in office, the court upheld a law requiring the Chinese parent company of TikTok to sell the app or face a U.S. ban. The court also upheld a federal law banning gun ownership for individuals under domestic violence restraining orders. Additionally, it preserved the funding structure of the Consumer Financial Protection Bureau.
Trump’s post-presidential wins and legal precedents
Meanwhile, Donald Trump, even out of office, secured significant victories at the Supreme Court. In a landmark 2023 decision, the court granted Trump immunity from prosecution for official acts during his presidency, setting a precedent for presidential immunity. Biden called this ruling “a dangerous precedent.”
Implications for future presidents and the court’s direction
Legal experts like Steve Schwinn of the University of Illinois Chicago noted that the court’s trends during Biden’s term enhanced presidential power while curbing federal agencies’ authority. These shifts could have dramatic implications, especially under a president like Trump, who promised to capitalize on these changes.
The court’s continued influence on U.S. legal landscape
As Biden’s term ends and Trump’s second presidency begins, the court’s conservative majority remains poised to shape the nation’s legal landscape. Trump may even have the chance to further entrench this majority by appointing younger justices to replace aging conservatives or any liberal justice who might leave during his term.
