President Joe Biden has put forth extensive proposals for the U.S. Supreme Court, which include imposing term limits on justices and implementing a binding code of conduct. This was announced in a Washington Post op-ed, highlighting Biden’s determination to assert that “no one is above the law.” This move is a direct reaction to recent Supreme Court decisions and ethical debates.
According to a Washington Post article, the president’s plan includes a constitutional amendment to remove the wide-ranging immunity afforded to sitting presidents for crimes committed while in office. This was a conclusion reached by the court on July 1. Biden stresses the importance of this change to prevent possible power abuses, invoking the January 6, 2021 events as a glaring example of the potential fallout of a president’s unchecked power.
“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 penned. “The only limits will be those that are self-imposed by the person occupying the Oval Office.”
Early this month, the Supreme Court concluded that presidents cannot be prosecuted for actions performed while executing their official duties. This verdict emerged from the Justice Department’s case against former President Donald Trump concerning his endeavors to overturn the 2020 election results. Nevertheless, the court clarified that presidents can still face legal repercussions for criminal acts not related to their official duties.
The proposed “No One Is Above the Law Amendment” will specify that the Constitution does not provide immunity from federal criminal indictment, trial, conviction, or sentencing merely because an individual has held the presidential office.
Furthermore, Biden proposes term limits for Supreme Court justices, suggesting an 18-year term with staggered appointments every two years. This proposal aims to lessen a single president’s lifetime influence over the court and facilitate more frequent turnover.
Kamala Harris, the Vice President 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.
In addition, Biden calls for a compulsory code of conduct for Supreme Court justices. He suggested that justices should be required to disclose gifts, abstain from public political activities, and recuse themselves from cases where they or their spouses have financial or other conflicts of interest. Biden contends that this is crucial for preserving public trust in the judiciary. He also made a point that all other federal judges adhere to an enforceable code of conduct, and there’s no reason for the Supreme Court to be exempt from this standard.
Despite these proposals, Biden faces substantial obstacles in gaining Congressional approval, especially given the current political climate. Republicans have voiced strong opposition to these reforms, casting doubt on their passage.
Biden’s proposals emerge amid heightened scrutiny of the Supreme Court’s conservative majority and recent rulings on issues such as abortion, gun rights, and affirmative action. These decisions have amplified the debate over the court’s role and its alignment with public sentiment.
By advocating for these reforms, Biden aims to revive public trust in the Supreme Court and ensure the upholding of 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.
These proposed changes mark a significant change in Biden’s stance on court reform, reflecting his growing concern about the judiciary’s direction and its wider implications for American democracy.
