President Biden is unveiling a long-awaited proposal for changes at the U.S. Supreme Court in Washington. He is calling on Congress to establish term limits and an ethics code for the court’s nine justices. Additionally, he is pressing lawmakers to ratify a constitutional amendment that would limit presidential immunity.
The White House detailed Mr. Biden’s court proposal on Monday, outlining a plan that may face challenges in a closely divided Congress with just 99 days to go before Election Day. Despite the potential hurdles, Democrats are hopeful that the proposal will help focus voters as they consider their choices in a tight election. The presumptive Democratic nominee, Vice President Kamala Harris, has framed her race against Republican former President Donald Trump as “a choice between freedom and chaos.”
The White House aims to address the growing outrage among Democrats regarding the Supreme Court, which currently has a 6-3 conservative majority. Recent opinions by the court have overturned landmark decisions on abortion rights and federal regulatory powers, leading to concerns among liberals. There have also been revelations about questionable relationships and decisions by some members of the conservative wing of the court, raising doubts about their impartiality.
In a Washington Post op-ed published on Monday, Mr. Biden expressed his concerns about the current state of the court and its impact on public confidence. He emphasized the need for reforms to restore trust and accountability to the court and the democratic process. Drawing on his extensive experience in government, including serving as a U.S. senator and overseeing multiple Supreme Court nominations, Mr. Biden outlined three bold reforms to address the challenges facing the court.
During an address at the LBJ Presidential Library in Austin, Texas, marking the 60th anniversary of the Civil Rights Act, President Biden called for an end to lifetime appointments to the court. He proposed a system where the sitting president would appoint a justice every two years to serve an 18-year term on the high court bench. This change aims to ensure regular turnover in court membership and add predictability to the nomination process.
In addition to term limits, Mr. Biden is advocating for the establishment of a code of ethics for justices. This code would require justices to disclose gifts, refrain from public political activity, and recuse themselves from cases where there are financial or other conflicts of interest. The president is also urging Congress to pass a constitutional amendment that would reverse the Supreme Court’s recent ruling on presidential immunity, limiting former presidents’ immunity from prosecution.
The proposal faces significant challenges, as the last time Congress ratified an amendment to the Constitution was 32 years ago. Despite the obstacles, Mr. Biden remains committed to pushing for reforms to address the concerns surrounding the court. Former President Trump has criticized the reform efforts as an attempt by Democrats to interfere in the presidential election and undermine the justice system.
Questions about the ethics of the court have been raised in recent times, with revelations about some justices’ actions raising concerns. Justices like Clarence Thomas and Samuel Alito have faced scrutiny for their decisions and relationships, leading to calls for greater transparency and accountability within the court. Democrats believe that the Biden administration’s efforts will shed light on recent high court decisions, particularly those impacting women’s constitutional protections for abortion.
Democratic Senator Elizabeth Warren has emphasized the importance of the Supreme Court in the upcoming elections, urging voters to consider the court’s role in shaping policies and laws. On the other hand, Republican Senator Lindsey Graham has pushed back against the reform efforts, arguing that the court’s balance needs to be maintained to prevent overreach.
The announcement of the court reform proposal marks a significant shift for President Biden, who initially expressed caution about calls for reform during his campaign. However, as his presidency has progressed, he has become more vocal about the need for changes in the court to uphold mainstream constitutional interpretation. Vice President Harris, who had previously expressed openness to expanding the court, did not include such an effort in the proposal unveiled on Monday.
In a statement, the White House expressed its commitment to working with Congress and the American people to prevent the abuse of presidential power, restore faith in the Supreme Court, and strengthen democracy’s guardrails. The proposal represents a step towards addressing the challenges facing the court and ensuring accountability and transparency in the judicial system.
