President Joe Biden has put forth a series of substantial recommended changes for the U.S. Supreme Court. These include term limits for justices and the establishment of a compulsory code of conduct. Biden unveiled these proposals in a Washington Post editorial, emphasizing his dedication to the principle that “no one is above the law,” which appears to be a direct counter to recent Supreme Court rulings and ethical issues.
The reforms suggested by Biden involve a constitutional amendment that would abolish the extensive immunity that current presidents enjoy for crimes committed while in office. This immunity was a decision the court declared on July 1. Biden stresses the importance of this amendment to thwart potential power abuses, referencing the events of January 6, 2021, as a vivid example of the consequences of unrestrained presidential authority.
“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 expressed in his writing. “The only limits will be those that are self-imposed by the person occupying the Oval Office.”
Earlier this month, the Supreme Court ruled that presidents are immune from prosecution for actions committed while performing their official duties. This ruling emerged from the Justice Department’s case against former President Donald Trump over his efforts to overturn the 2020 election results. The court, however, specified that presidents can be legally pursued for criminal activities unrelated to their official responsibilities.
The suggested “No One Is Above the Law Amendment” would clarify that being president does not grant immunity from federal criminal indictment, trial, conviction, or sentencing.
Biden is also promoting the introduction of term limits for Supreme Court justices, suggesting a term of 18 years with staggered appointments every two years. This method is expected to decrease the indefinite influence of any single president on the court and allow for more frequent rotation.
Vice President Kamala Harris, who is also a presidential candidate, backs 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.
Biden is also advocating for a mandatory code of conduct for Supreme Court justices, which would entail disclosing gifts, abstaining from public political activity, and recusing themselves from cases where conflicts of interest exist. He contends that this is vital for preserving public trust in the judiciary.
Biden suggested that justices should disclose any gifts received, steer clear of public political activities, and recuse themselves from cases where they or their spouses have financial or other interests. He noted that all other federal judges conform to an enforceable code of conduct, and there’s no justification for the Supreme Court to be exempt from this standard.
Despite these proposals, Biden faces substantial obstacles in getting them passed through Congress, particularly given the current political climate. Republicans have voiced strong opposition to the reforms, casting doubt on their potential passage.
The proposed changes come at a time when the Supreme Court’s conservative majority and recent rulings on issues like abortion, gun rights, and affirmative action are under increasing scrutiny. These decisions have sparked a heated debate over the court’s role and its alignment with public sentiment.
With these reforms, Biden aims to reinstate public trust in the Supreme Court and ensure that democratic principles 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 asserted.
The proposed changes indicate a major shift in Biden’s position on court reform, mirroring his increasing concern about the direction of the judiciary and the broader implications for American democracy.
