Biden's Bold SCOTUS Reforms Stirring National Debate
President Joe Biden proposes unprecedented Supreme Court reforms, addressing term limits, ethics codes, and presidential immunity in a deeply divided Congress.
Published July 30, 2024 - 00:07am
In a move that has sent shockwaves through the political landscape, President Joe Biden unveiled a series of sweeping reforms aimed at the U.S. Supreme Court. These proposals, which include term limits for justices, a binding code of conduct, and a constitutional amendment to eliminate broad presidential immunity, have ignited a fierce debate across the nation.
The proposed changes were outlined by Biden during a speech at the presidential library of former President Lyndon B. Johnson in Austin, Texas, and were also detailed in an op-ed published in the Washington Post. In his address, Biden emphasized the principle that no one is above the law, whether it be the president or a justice on the Supreme Court. He argued that the time had come to restore trust and accountability to America's highest court.
Among the key proposals is the implementation of 18-year term limits for Supreme Court justices. Currently, justices hold lifetime appointments, a practice that Biden and many Democrats believe creates an imbalance of power and allows any single presidency to exert undue influence on the court's composition for generations. The TERM Act, initially introduced in 2022 by House Democrats and reintroduced in September 2023, aligns with Biden's vision, proposing a new system where each president would appoint a justice every two years.
Biden also called for a revamped and enforceable code of ethics for Supreme Court justices. This aspect of the reform is driven by recent controversies surrounding undisclosed gifts and political activities by several justices. The president highlighted the need for transparency and integrity, urging justices to disclose gifts, recuse themselves from cases with personal conflicts, and refrain from public political engagements. Senate Democrats had previously attempted to push through similar legislation, only to face resistance in a chamber divided along party lines.
Another contentious proposal is a constitutional amendment to ensure that no former president is immune from prosecution for crimes committed while in office. This proposal follows the Supreme Court's recent ruling that former President Donald Trump could not be prosecuted for actions within his constitutional powers as president. The landmark decision marked the first recognition of any form of presidential immunity from prosecution, prompting Biden to push for measures that clearly state that former presidents are not above the law.
The announcements come on the heels of Biden ending his re-election bid and endorsing Vice President Kamala Harris as the Democratic candidate for the upcoming presidential election. Harris, a former prosecutor and California attorney general, has expressed strong support for the proposed reforms, underscoring the administration's commitment to ensuring accountability and justice.
Critics, primarily from the Republican side and conservative segments of the political spectrum, have condemned Biden's proposals as an attempt to 'delegitimize' the court. House Speaker Mike Johnson accused the administration of trying to tilt the balance of power and erode confidence in the judicial system. Johnson's remarks echoed a broader sentiment among Republican lawmakers who argue that the proposed changes are driven by partisan discontent with recent Supreme Court decisions.
These recent decisions have significantly shifted U.S. law, notably ending the recognition of a constitutional right to abortion, expanding gun rights, and rejecting race-conscious admissions in colleges. Biden and Harris have been vocal critics of these rulings, framing them as radical departures from established civil rights principles and protections.
The chances of Biden's proposals becoming law, however, appear slim given the current political climate. The deeply divided Congress, with Republicans holding a majority in the House of Representatives and Democrats controlling the Senate, poses a significant barrier to the enactment of these reforms. Legislation imposing term limits and binding ethics codes would require broad bipartisan support, which remains unlikely in the face of such stark partisan divides.
Adding to the complexity is the process of amending the Constitution, which necessitates a two-thirds majority in both chambers of Congress or a convention called by two-thirds of the states, followed by ratification from 38 state legislatures. This formidable hurdle makes the proposed constitutional amendment on presidential immunity particularly challenging to achieve.
The Supreme Court itself has not been immune to criticism and scrutiny. Recent revelations about the conduct of justices, such as Justice Clarence Thomas accepting undisclosed travel from wealthy benefactors and Justice Samuel Alito's conduct during the 2020 election aftermath, have fueled calls for an enforceable ethics code. While the court adopted its first code of conduct in response to these controversies, critics argue that it does not go far enough, as it still allows justices to self-regulate and lacks an enforcement mechanism.
This debate over Supreme Court reforms is set to influence the upcoming presidential election, framing it as a key issue for Democratic candidates. Biden and Harris hope to rally support by aligning the proposed reforms with broader efforts to restore faith in democratic institutions and preserve the system of checks and balances.
As the discussion continues, it remains to be seen whether Biden's bold proposals will gain traction or become another chapter in the ongoing battle over the future of the Supreme Court and the American judicial system. Regardless of the outcome, the debate underscores a growing concern about the power dynamics within the highest court and the need for reforms to ensure its accountability and integrity in the eyes of the public.