Judicial Reform
President Biden Unveils Plan to Reform the Supreme Court
Proposed changes include term limits for top US court’s nine justices and a stricter ethics code.
Washington, D.C. — President Joe Biden has unveiled a series of sweeping proposals aimed at reforming the United States Supreme Court, marking a significant shift in his stance on judicial reform. The announcement, made on Monday, includes three major initiatives: the introduction of term limits for Supreme Court justices, the establishment of a binding code of ethics for the court, and a constitutional amendment to eliminate presidential immunity for crimes committed while in office.
A Trio of Reforms
In an op-ed published in the Washington Post, Biden emphasized the necessity of these reforms to restore public trust in the judiciary. "What is happening now is not normal," Biden wrote, referencing recent controversies and decisions by the court. He stressed that the United States was founded on the principle that "no one is above the law," including former presidents.
The first of Biden's proposals is a constitutional amendment, dubbed the "No One Is Above the Law Amendment," which seeks to clarify that former presidents cannot claim immunity from federal criminal charges for actions taken while in office. This proposal comes in direct response to a recent Supreme Court ruling that granted former President Donald Trump broad immunity for official acts during his presidency.
The second proposal calls for the implementation of term limits for Supreme Court justices. Biden suggested an 18-year term limit, with each president appointing a new justice every two years. "The United States is the only major constitutional democracy that gives lifetime seats to its highest court," Biden noted, arguing that term limits would prevent any single presidency from having an outsized impact on the court's composition.
The third and final proposal aims to establish a binding code of conduct for Supreme Court justices. This code would require justices to disclose gifts, refrain from public political activity, and recuse themselves from cases where they or their spouses have financial or other conflicts of interest. Biden criticized the current voluntary code of conduct adopted by the court as "weak and self-enforced."
Political and Public Reactions
Biden's proposals have sparked a wide range of reactions across the political spectrum. Democrats and liberal advocacy groups have long called for reforms to address what they see as ethical lapses and a conservative bias within the court. Recent reports about justices Clarence Thomas and Samuel Alito receiving undisclosed luxury travel and gifts from wealthy conservative donors have intensified these calls.
Justice Elena Kagan, in a recent speech, voiced support for an enforcement mechanism for the court's ethics code, stating, "A system to enforce rules against violators, as well as to protect those who adhere to them, would be sensible."
However, the proposed reforms face significant hurdles in a narrowly divided Congress. Constitutional amendments require a two-thirds majority in both the House of Representatives and the Senate, followed by ratification from three-quarters of the states. Given the current political climate, achieving such consensus appears highly unlikely.
Republican leaders have already voiced strong opposition to Biden's proposals. Senator Lindsey Graham of South Carolina argued that the push for reform is politically motivated. "Only when we restored constitutional balance with a conservative court did it become a threat to the nation," Graham stated on CBS' "Face the Nation."
Historical Context and Future Prospects
Biden's announcement marks a notable evolution in his stance on Supreme Court reform. During his 2020 presidential campaign, Biden resisted calls to expand the number of justices on the court, a concept known as "court packing." Instead, he formed a bipartisan commission to study potential reforms, which submitted its report in December 2021. The findings of this commission have informed Biden's current proposals.
The president's push for reform comes at a time of declining public confidence in the Supreme Court. A recent report by the Annenberg Public Policy Center highlighted a "considerable drop in trust" in the judiciary, fueled by controversial rulings and ethical concerns.
Despite the long odds of passing these reforms, Biden's initiative underscores his commitment to addressing what he views as a crisis of ethics and accountability within the nation's highest court. "I will be calling for reform of the Supreme Court as it is vital for our democracy," Biden declared in a recent Oval Office address.
As Biden prepares to leave office in January 2025, his proposals for Supreme Court reform may serve as a cornerstone of his legacy. Whether these initiatives will gain traction in Congress remains to be seen, but they have undoubtedly reignited the national conversation about the role and integrity of the Supreme Court in American democracy.