President Joe Biden has proposed significant reforms to the U.S. Supreme Court, aiming to impose term limits and establish a binding code of conduct for justices. The announcement, made in a Washington Post op-ed, underscores Biden’s commitment to ensuring that “no one is above the law,” a direct response to recent Supreme Court decisions and ethical controversies.
Biden’s plan includes a constitutional amendment to eliminate the broad immunity granted to sitting presidents for crimes committed in office, a decision the court reached on July 1. He emphasizes that this change is crucial to prevent potential abuses of power, citing the events of January 6, 2021, as a stark reminder of what unchecked presidential authority can lead to.
“The Supreme Court’s 6-3 decision to grant presidents broad immunity means there are virtually no limits on what a president can do,” Biden wrote. “The only limits will be those that are self-imposed by the person occupying the Oval Office.”
Earlier this month, the Supreme Court determined that presidents cannot face prosecution for actions taken while performing their official duties. This decision arose from the Justice Department’s case against former President Donald Trump regarding his attempts to reverse the results of the 2020 election. However, the court clarified that presidents can still face legal action for criminal activities that are not related to their official duties.
The proposed “No One Is Above the Law Amendment” will clarify that the Constitution does not grant immunity from federal criminal indictment, trial, conviction, or sentencing simply because someone has served as president.
Additionally, Biden advocates for term limits for Supreme Court justices, proposing an 18-year term with staggered appointments every two years. This approach is designed to reduce the lifetime influence of any single president over the court and ensure more regular turnover.
Vice President Kamala Harris, who is also running for president, supports the reforms. “These popular reforms will help to restore confidence in the Court, strengthen our democracy, and ensure no one is above the law,” she said.
Biden also calls for a mandatory code of conduct for Supreme Court justices. This would require justices to disclose gifts, avoid public political activity, and recuse themselves from cases where they have conflicts of interest. He argues that this is essential for maintaining public trust in the judiciary.
Biden suggested that justices should be obligated to disclose gifts, avoid public political activities, and recuse themselves from cases where they or their spouses have financial or other conflicts of interest. He pointed out that all other federal judges are subject to an enforceable code of conduct, and there is no reason for the Supreme Court to be exempt from this standard.
Despite these proposals, Biden faces significant challenges in getting them approved by Congress, especially given the current political landscape. Republicans have expressed strong opposition to the reforms, making their passage uncertain.
Biden’s proposals come amid increasing scrutiny of the Supreme Court’s conservative majority and recent decisions on issues such as abortion, gun rights, and affirmative action. These rulings have intensified the debate over the court’s role and its alignment with public opinion.
By pushing for these reforms, Biden aims to restore public confidence in the Supreme Court and ensure that the principles of democracy are upheld. “We can and must prevent the abuse of presidential power. We can and must restore the public’s faith in the Supreme Court. We can and must strengthen the guardrails of democracy,” he wrote.
The proposed changes signal a significant shift in Biden’s stance on court reform, reflecting his growing concern over the judiciary’s direction and the broader implications for American democracy.