Democrats are frustrated with Biden's refusal to question the legitimacy of the Supreme Court and worry about his 2024 prospects

President Joe Biden at a press conference during the NATO Summit in Madrid where he announced his support for changing the Senate filibuster rule.
President Joe Biden.Jakub Porzycki/NurPhoto via Getty Images
  • Biden said Thursday he supports a change to Senate filibuster rules to codify Roe v. Wade into law.

  • Democrats are urging him to challenge the Supreme Court's recent rulings.

  • White House officials insist that Biden's measured approach is the best way to beat Trump in 2024.

Democrats seem to be collectively unimpressed with President Joe Biden's efforts to challenge the Supreme Court amid the historic rulings it has released in the past few weeks, including  overturning Roe v. Wade, reversing the constitutional right to obtain an abortion.

Despite the president publicly condemning the abortion decision, The Atlantic's Ronald Brownstein reported that Biden has avoided further criticism of the court and the legitimacy of its recent decisions.

Biden changed his position on endorsing a carve-out to the Senate's filibuster rule, which requires 60 votes to pass legislation, in order to give the Senate the opportunity to codify Roe into law, which he originally refused to stand by.


The Atlantic reported that Democrats' are frustrated with the perception that Biden and his administration are following rather than leading. Even though Biden came out in support of changing the filibuster rule, it took him a while to do so.

"It followed days of Democrats calling on him to say something along these lines," Jeff Shesol, a former White House speechwriter for Bill Clinton, told The Atlantic. "When he finally said it, there was a sense of a yielding rather than a president who is leading."

Biden still seems to have his mind set on beating former president Donald Trump if they both decide to run for reelection. The Atlantic reported that White House officials insist that the president's more level approach, rather than confronting the GOP with more force, gives him a better chance at beating Trump in a possible 2024 runoff.

"I go back in my mind to 2020 and ask: Could anyone else have beaten Trump? I don't think so," Tresa Undem, a pollster for mostly progressive causes, told The Atlantic. "But from the perspective of some Democratic voters, he just doesn't get it. Biden will be presiding over this critical period when so many people are losing rights. Can you imagine being the president when women lost the right to abortion, and election subversion, and the whole country is worried about democracy, and you are like, 'The Supreme Court is just fine'?"

Sarah Lipton-Lubet, the executive director of the Take Back the Court Action Fund, told The Atlantic that Biden should "stop treating the Supreme Court like it's some untouchable panel of demigods. This Court is brazenly political, and we have to stop pretending otherwise." Lipton-Lubet and other progressives are pushing Biden to expand the high court as a way to dilute the conservative supermajority.

As Democrats struggle to find the leadership they want, Shesol told The Atlantic he thinks that Biden is missing the point and must ask himself what institution is he trying to protect?

Brownstein wrote, "Biden's embrace of the filibuster carve-out for abortion shows his incremental adaptation, however reluctant, to the feral modern combat between the parties. But will that be enough for Democrats desperately looking for leadership against a resurgent right that threatens to demolish everything they value?"

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