President Joe Biden is urging for broad reform 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 recent presidential immunity ruling.
Biden’s Proposals for Supreme Court Reform
In a published op-ed on Monday morning, President Biden outlined a three-pronged proposal aimed at “restoring trust and accountability” in America’s democratic institutions. The key points of the proposal are as follows:
- Justices to be nominated by the current president every two years to serve an 18-year term on the Supreme Court
- Congress to pass laws mandating disclosure of gifts, prohibiting political involvement, and requiring recusal in cases with conflicts of interest
- A constitutional amendment specifying that any past or present presidents are not exempt from federal prosecution for crimes committed while in office
This announcement follows a period of heightened public scrutiny and controversies involving the Supreme Court and its justices, raising concerns about accountability. The White House’s endorsement of legislative oversight on the Supreme Court marks a significant effort to rebalance U.S. governmental powers.
“Having been involved in numerous Supreme Court nominations throughout my career, I hold deep respect for our institutions and separation of powers. The current situation is abnormal and erodes public trust in the court’s decisions, particularly those affecting individual liberties,” remarked President Biden.
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Recent criticisms of the Supreme Court stemmed from reports uncovering undisclosed luxury trips by several justices. Lawmakers have decried an “ethical crisis” within the court and have demanded an enforceable code of conduct for justices.
While the Supreme Court introduced a new ethics code in November 2023, it lacks a mechanism to hold justices accountable for breaches of the rules.
A Proposed Amendment Regarding Immunity
In a groundbreaking decision on July 1, the U.S. Supreme Court ruled that a president is shielded from prosecution for official actions taken while in office.
President Biden’s proposed amendment seeks to place legislative constraints on presidential immunity, marking a major challenge to executive power since President Nixon’s resignation in 1974.
“Our nation’s foundation is built on a fundamental principle: nobody is above the law. This includes the president and Supreme Court justices. Nobody,” emphasized President Biden.
However, the road to passing a constitutional amendment like this is formidable due to the U.S. Constitution’s stringent requirements and potential partisan opposition.
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Any amendment must meet stringent criteria, including garnering two-thirds support from both houses of Congress or two-thirds of states requesting a constitutional convention. Subsequently, the amendment must be ratified by three-fourths of state legislators or state conventions convened for this purpose.
The last amendment to the U.S. Constitution occurred on May 7, 1992, with the ratification of the 27th Amendment. This amendment prohibits members of Congress from altering their compensation during the same legislative term, with any changes taking effect after the subsequent House of Representatives election.
