As President Joe Biden prepares to leave office, the future of his legacy will depend on the actions of President-elect Donald Trump and a Republican-controlled Congress.
Some aspects of Biden’s presidency, such as his executive actions and certain spending programs, are vulnerable to being undone, while others, like bipartisan legislation and judicial appointments, are more likely to remain intact due to their structural protections.
Biden’s executive orders, which cover areas like immigration, transgender rights, and reproductive healthcare, are particularly at risk. Trump has promised to quickly reverse many of these, such as policies related to asylum and protections for undocumented families.
Additionally, measures ensuring access to abortion and birth control may also face repeal, as Republicans view these actions as problematic for their base, and they are likely to push for changes upon taking office.
Biden’s economic policies, particularly those tied to the Inflation Reduction Act (IRA) and the American Rescue Plan, are also in danger of being rolled back.
Republicans plan to extend the Trump-era tax cuts and target key provisions of Biden’s initiatives, including climate-related credits and Obamacare subsidies. These measures passed without significant bipartisan support, can be more easily undone through the budget process, making them a priority for Republicans in Congress.
On the other hand, bipartisan legislation passed during Biden’s tenure, such as the CHIPS and Science Act, the infrastructure law, and gun control reforms, are more secure. These laws received support from both parties and are protected by the Senate filibuster, which requires 60 votes to repeal.
Because of this, even with a Republican majority in the Senate, it will be difficult for them to overturn these measures without broader support.
The most lasting element of Biden’s presidency may be his judicial appointments. Over his time in office, Biden has appointed over 215 federal judges, including Justice Ketanji Brown Jackson to the Supreme Court.
These appointments are protected by lifetime tenure, meaning that Trump and Republicans will not be able to remove them. As a result, Biden’s judicial legacy will endure far beyond his time in office, shaping the judiciary for years to come.