President Joe Biden has introduced a proposal for major reforms to the U.S. Supreme Court, including term limits for justices and the establishment of a code of ethics. This plan, detailed by the White House on Monday, also calls for a constitutional amendment to limit presidential immunity, aiming to address concerns about the court’s integrity and public trust.
With just 99 days until Election Day, Biden’s proposal faces significant hurdles in a closely divided Congress. Democrats are hopeful that the initiative will resonate with voters frustrated by recent Supreme Court decisions and ethical controversies involving some of its justices.
In a Washington Post op-ed set to be published Monday, Biden expressed his concerns, stating, “What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.”
The proposed changes include ending lifetime appointments for Supreme Court justices, suggesting an 18-year term limit with the sitting president appointing a new justice every two years. Biden argues that this system would ensure regular changes and predictability in the court’s composition.
Additionally, Biden is calling for legislation to establish a code of ethics for justices, requiring them to disclose gifts, refrain from political activities, and recuse themselves from cases involving financial or other conflicts of interest. He also seeks a constitutional amendment to reverse a recent Supreme Court ruling granting former presidents broad immunity from prosecution.
This ruling has delayed the criminal case against former President Donald Trump related to his efforts to overturn the 2020 election. The proposed amendment aims to ensure accountability for presidential actions.
Trump has criticized the court reform proposal, accusing Democrats of trying to influence the presidential election and undermine the justice system. “The Democrats are attempting to interfere in the Presidential Election, and destroy our Justice System,” Trump posted on Truth Social.
The ethics of the Supreme Court have come under scrutiny following revelations about justices’ relationships and financial dealings. Justice Clarence Thomas faced criticism for accepting luxury trips from a GOP megadonor, and Justice Sonia Sotomayor for her staff’s involvement in promoting her books. Justice Samuel Alito also faced calls to recuse himself from cases involving Trump after displaying controversial flags at his home.
Democrats hope Biden’s proposal will highlight recent controversial court decisions, including the 2022 ruling that removed constitutional protections for abortion. Senator Elizabeth Warren (D-MA) emphasized the importance of the issue in the upcoming election, stating, “When they vote in November, the Supreme Court is on the ballot.”
However, Republican Sen. Lindsey Graham (R-SC) countered that Democrats did not complain when the court issued liberal-leaning opinions. “Only when we brought constitutional balance back from having a conservative court was the court a threat to the country,” Graham said on CBS’ “Face the Nation.”
Biden’s proposal marks a significant shift from his previous reluctance to support court reform. Last week, he announced his intention to pursue these changes during his final months in office, calling it “critical to our democracy.”
Vice President Kamala Harris, who had previously expressed openness to court expansion during her 2020 presidential bid, did not respond to queries about her involvement in shaping the proposal or future court reform efforts.
The White House emphasized Biden and Harris’s commitment to working with Congress to prevent the abuse of presidential power, restore faith in the Supreme Court, and strengthen democracy’s guardrails.
