President Joe Biden announced his support on Monday for sweeping changes in the Supreme Court, advocating for term limits of 18 years for justices and the adoption of a binding ethical code enforceable within the court.
Biden also supports a constitutional amendment to end absolute immunity for presidents, following the Supreme Court’s decision that former President Donald Trump was shielded from judicial prosecution, as reported by The Washington Post.
This announcement marks a significant shift in Biden’s stance toward one of America’s three branches of government, after resisting calls for Supreme Court reform for a long time.
Since assuming office, the Supreme Court has shifted sharply to the right. It has overturned Roe v. Wade, halted affirmative action in college admissions, weakened federal agency powers by reversing a 40-year-old decision, and scrapped Biden’s student loan forgiveness program.
In an op-ed for The Washington Post, Biden emphasized his deep respect for institutions and the separation of powers, having overseen more Supreme Court nominations than any other living person.
He expressed concern that recent developments are undermining public confidence in the court’s decisions, which impact personal freedoms.
Biden is expected to formally announce his support for these changes during a speech commemorating the 60th anniversary of the Civil Rights Act in Austin.
However, these proposals face significant challenges. Implementing term limits and ethical rules requires congressional approval, which is unlikely with the Republican-controlled House.
Both proposals also need 60 Senate votes to pass, with Democrats holding only 51 seats in the upper chamber.
Biden’s proposed amendment, dubbed the “No One Above the Law Amendment,” states that the Constitution does not grant any immunity from federal criminal charges, trial, conviction, or sentence based on former presidential status.
In his explanatory article, Biden stressed that no one, including the President or a Supreme Court Justice, is above the law.
He pointed out that the Supreme Court’s decision on presidential immunity, driven by ideological grounds, makes it highly unlikely that Trump will be tried for attempting to undermine the 2020 elections before voters cast their ballots in this year’s presidential race.
Biden’s call for an enforceable ethical code comes a year after scandals rocked the Supreme Court, largely focused on Justice Clarence Thomas’s failure to disclose gifts.
Justice Samuel Alito also faced criticism for displaying politically provocative flags at his residence.
Biden argued that ethical codes should require justices to disclose gifts, refrain from public political activity, and recuse themselves from cases involving financial conflicts of interest for themselves or their spouses.
He stated that term limits would allow future presidents to appoint a justice every two years, making Supreme Court nominations more predictable and less arbitrary.
He emphasized that the United States is the only major constitutional democracy that grants lifetime appointments to Supreme Court justices.
