Shan Wu is a former federal prosecutor who served as counsel to Attorney General Janet Reno

President Biden unveiled his promised Supreme Court reform proposals by way of a Washington Post opinion piece. The piece promptly produced the predictable outrage of right-wing constitutional experts and outpouring of wiser-than-thou political punditry about the impossibility of achieving the proposals with the current Congress.

Biden’s proposal opens with the big ask of a constitutional amendment he calls the “No One Is Above the Law Amendment” meant to specifically counter the high court’s presidential immunity decision. This part of his idea is not really so much a reform as much as it is a thumb-in-the-eye (or some other finger gesture) to the current conservative majority on the high court.

It’s a clever opening gambit because a constitutional amendment aimed at combatting tyranny is a great way to channel the anger of the Democratic base over not only the immunity decision but the overturning of Roe v. Wade, as well as numerous other power moves by the six conservative justices.

U.S. Supreme Court justices, from left to right seated, Justices Sonia Sotomayor, Clarence Thomas, Chief Justice John G. Roberts, Jr., Samuel A. Alito, Jr. and Elena Kagan; and from left to right seated, Justices Amy Coney Barrett, Neil M. Gorsuch, Brett M. Kavanaugh and Ketanji Brown Jackson.

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