President Biden is reportedly preparing to endorse major changes to the Supreme Court, including potential term limits and an ethics code. Many see this as a play for the left. But what would it mean for the high court? Let's ask John You, law professor at UC Berkeley, former Deputy Assistant Attorney General, and former law clerk to Justice Thomas. It's great to have you with us this morning. And after the immunity ruling from the Supreme Court, this is exactly the conversation that comes next, that that was damning for the Democrats, and they're going to go after the court, John.

It would be sad if President Biden were to end his decades of public service by adopting another Banana Republic tactic like this. It is not in the American tradition because you disagree with the Supreme Court to start monking around with who's on the court, the numbers of justices on the court, changing the configuration of the court. It's not just it's going to set off tit for tat retaliation, where each side just responds to the other. But it's a threat to all of our individual liberties. The court is there as the last resort to protect all of our individual rights against the majority. If the court becomes afraid of being attacked in this way every time it renders an unpopular decision, then that last resort is going to be weakened, and our constitutional rights are all going to suffer.

Absolutely. It's unfortunate that this is the conversation that's coming out right now. But having said that, it's not one that we haven't heard from the Democrats before wanting to potentially expand the Supreme Court and do all kinds of things. If President Biden were to drop out of the race, do you think this will be one of the last pushes that he tries to make to have a lasting impact?

Unfortunately, Jackie, Joe Biden was the moderate in the Democratic Party. I believe every nominee in the 2020 primary for the Democrats actually endorsed the idea of expanding the size of the Supreme Court and opposing using term limits on them. In fact, it might get much worse if Joe Biden were to step out. But I just think, as you suggested, Joe Biden is pandering to the extreme left wing of his party so that they won't oppose him for the nomination.

That immunity The ruling ruling ruling has such massive implications when it comes to Donald Trump, because the Democrats went after him through the court system. They weaponized the Department of Justice to go after this guy. The New York case is one piece of it. The Georgia case had its own issues, and it's falling apart. The Florida judge in the Documents case tossed that one out. You've got the January sixth case. That's all that's left. At this point, with his legal battles, where does he stand at the moment?

This is what pains me to call this a Banana Republic tactic because it was all triggered by the Biden administration's effort to use the Justice Department to attack a current political rival and a past President. When the courts have tried to stop the Biden Administration in the immunity decision, in Judge Kana's decision just now in Florida, the Biden administration is now floating the idea of attacking the courts. This is not a balanced government with a separation of powers. This is an effort to bend all the institutions, if not break them, in pursuit of their overriding political goal, which is to stop Donald Trump, which they just do through the ballot box in November. They don't need to pull down our institutions and rules if they want to oppose Donald Trump.

It's ironic to me because they go after Donald Trump, the Democrats, and they say he said he's going to be a dictator on day one, and he's going to take away all your rights. All the fear mongering that he is going to have such an impact, a threat to democracy on this country. And yet when they talk about going after the Supreme Court and changing the fundamental way that the court works and the impact that it would have with the other branches, they would be the ones having that a negative impact on democracy. But ultimately, I want to ask you this, John, because President Biden's son, Hunter, is looking to have his tax and gun cases also tossed. He cited the decision in Florida to toss Trump's classified documents case. The Senate Judiciary Committee member, Josh Hawley, waded with Neil on this issue this week. Listen.

I think it's absurd. Absolutely absurd. This guy has gotten more sweetheart deals than anybody in America. If he were not Joe Biden's son, he would be in prison as we speak. Remember, this DOJ tried to slip in a plea agreement, tried to slide it past the court that would basically absolve him of all of his criminal wrongdoing, and only because the judge asked questions in open court, did they actually go to trial. I mean, it's absolutely unbelievable. I'm sure he's just hoping and praying his father can hold on as president long enough to get pardoned. This guy is a criminal. He belongs behind bars.

So what are the chances that Hunter's case would get tossed?

When you read the Supreme Court case closely, it doesn't seem to give Hunter any way out. I agree with the Senator there that normally Hunter Biden would already be in jail, except for this sweetheart treatment he's getting from his father's Justice Department. The opinion only gives you immunity if you're the President and if you're acting in your official capacity as President. Hunter Biden is not the President. All these things he's accused of doing don't involve official presidential activity. He doesn't get any immunity, but it's a sign of how desperate I'm afraid Hunter Biden is, just like considering packing the court, just like going after Trump with law fare is also a sign of desperation.

John, we so appreciate your insight this morning. Thank you for being here.

Hi, everyone. I'm Brian Kilmead. I want you to do me a favor. I want you to click to subscribe to the Fox News YouTube page. This is the only way that I know for sure that you're not going to miss any great commentary, any great news bites, any great interviews coming your way on Fox. You can get it all here on YouTube. So subscribe right now.