President Joe Biden is advocating for a comprehensive overhaul of the U.S. Supreme Court, which includes implementing term limits for justices, establishing a binding code of ethics, and proposing a constitutional amendment to restrict the court’s recent ruling on presidential immunity.
Biden’s Proposals for Supreme Court Reform
In a published op-ed on Monday, President Biden outlined a three-pronged approach aimed at “restoring trust and accountability” in America’s democratic institutions. The proposals include:
- Justices to be appointed by the current president every two years to serve an 18-year term on the Supreme Court
- Congress passing legislation requiring justices to disclose gifts, avoid political involvement, and recuse themselves from cases involving conflicts of interest
- A constitutional amendment stating that current or former presidents are not immune from federal prosecution for crimes committed while in office
This announcement follows a period of public scrutiny and controversies surrounding the Supreme Court and its justices, raising concerns about accountability. The White House’s endorsement of new legislative measures to check the Supreme Court represents a significant effort to rebalance U.S. governmental powers.
“Having overseen numerous Supreme Court nominations, I have immense respect for our institutions and separation of powers. The current circumstances are abnormal and erode public trust in the court’s decisions, particularly those affecting personal freedoms,” said President Biden.
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Criticism of the Supreme Court has heightened in recent years due to reports of justices failing to disclose luxury trips and concerns about an “ethical crisis” within the court. Lawmakers have called for a enforceable code of conduct for justices to address these issues.
The Supreme Court unveiled a new ethics code in November 2023, but it lacks a mechanism for holding justices accountable for rule violations.
A Proposed Amendment Regarding Immunity
In a significant challenge to presidential authority, the U.S. Supreme Court ruled on July 1 that a president cannot be prosecuted for official actions taken while in office.
In a 6-3 decision, the Supreme Court overturned lower court rulings, asserting that a former president has absolute immunity for core constitutional powers. President Biden’s proposed amendment seeks to establish new legislative constraints on immunity for the U.S. president and certain other office-holders.
“This nation was founded on the principle that no one is above the law, including the president of the United States and Supreme Court justices,” emphasized President Biden.
However, passing a constitutional amendment of this nature would face significant hurdles, as outlined in the U.S. Constitution and potential partisan opposition.
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An amendment must clear demanding thresholds, requiring either two-thirds majority support in both houses of Congress or two-thirds of states to request one via a constitutional convention. Subsequently, the amendment must be ratified by three-fourths of state legislatures or state conventions convened for that purpose.
The U.S. Constitution has not seen an amendment since May 7, 1992, when the 27th Amendment was ratified, preventing members of Congress from adjusting their pay during the same legislative session.
