Significant changes to the U.S. Supreme Court have been proposed by President Joe Biden, including introducing term limits and a binding ethical code for justices. The president revealed his plans in a Washington Post op-ed, demonstrating his belief that “no one is above the law” and addressing recent Supreme Court rulings and ethical debates.
The president’s reform plan involves a constitutional amendment to remove the extensive immunity given to incumbent presidents for crimes committed during their term, a concept affirmed by the court on July 1. Biden stressed that this amendment is vital to deter potential power abuses, using the January 6, 2021 events as an example of the potential consequences of unrestricted presidential authority.
Earlier this month, the Supreme Court ruled in a 6-3 decision that presidents cannot be prosecuted for actions taken while executing their official duties. This decision emerged from a case against former President Donald Trump by the Justice Department concerning his attempts to overturn the 2020 election results. The court clarified, however, that legal action can be taken against presidents for criminal activities not associated with their official duties.
“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.”
The proposed “No One Is Above the Law Amendment” aims to clarify that the Constitution does not protect a person from federal criminal indictment, trial, conviction, or sentencing simply because they have served as president.
Biden is also pushing for term limits for Supreme Court justices, suggesting an 18-year term with staggered appointments every two years. This proposal aims to limit the lifelong influence of any single president over the court and ensure more regular turnover.
Vice President Kamala Harris, a presidential candidate, endorses 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 stated.
In addition, Biden is advocating for a mandatory ethical code for Supreme Court justices. This would require the justices to disclose gifts, refrain from public political activity, and recuse themselves from cases where conflicts of interest exist. Biden believes this is crucial for maintaining public trust in the judiciary.
Justices would be required to disclose gifts, abstain from public political activities, and withdraw from cases where they or their spouses have financial or other conflicts of interest. Biden noted that all other federal judges abide by an enforceable ethical code and there is no reason why the Supreme Court should be exempt from this benchmark.
Despite these proposals, Biden faces considerable challenges in achieving congressional approval, particularly given the current political climate. Republicans have expressed strong opposition to the reforms, making their approval uncertain.
Biden’s proposals arise amid growing scrutiny of the Supreme Court’s conservative majority and recent rulings on issues such as abortion, gun rights, and affirmative action. These decisions have fueled the debate over the court’s role and its alignment with public opinion.
Through these reforms, Biden strives to restore public faith in the Supreme Court and uphold democratic principles. “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.
Biden’s proposed changes indicate a significant shift in his stance on court reform, mirroring his increased concern over the judiciary’s direction and the wider implications for American democracy.
