Biden Calls for Term Limits and New Ethics Rules for Supreme Court Justices

WASHINGTON — President Joe Biden is pushing for a constitutional amendment to restore criminal liability for U.S. presidents, reacting to the Supreme Court’s recent decision granting the chief executive broad immunity.

Biden introduced the “Not Above the Law Amendment” Monday, also endorsing changes for the nation’s highest bench. These moves come as he exits the 2024 presidential race, passing the torch to Vice President Kamala Harris.

The White House, through a Washington Post op-ed, outlined the amendment without disclosing its full text. This proposal arrives amid waning public trust in the Supreme Court, following ethics scandals and the contentious overturning of Roe v. Wade.

Biden is also advocating for 18-year term limits for justices, proposing a new appointment every two years. He aims to implement enforceable conduct and ethics rules to mandate gift disclosures, prohibit public political activity, and ensure recusal in cases of financial or political conflicts of interest.

His plan seeks to “restore faith” in the judicial system, but faces significant obstacles. The Republican-led House has already voiced opposition, and reforms will need 60 Senate votes and three-fourths state ratification to enact a constitutional amendment.

House Speaker Mike Johnson labeled Biden’s proposal as “dead on arrival.” In his op-ed, Biden criticized the lack of legal consequences for former President Donald Trump’s involvement in the January 6 Capitol attack, stating, “The only limits will be those that are self-imposed by the person occupying the Oval Office.”

Biden cited alarming findings from ProPublica investigations, which revealed justices receiving gifts and luxury travel from political donors. “What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach,” he wrote.

The President is set to discuss his plan further while commemorating the 60th anniversary of the Civil Rights Act at the Lyndon B. Johnson Library in Texas. Public Citizen, an advocacy group, praised Biden’s proposal, highlighting its potential to restore the Supreme Court’s legitimacy.

Johnson criticized the announcement as a “radical overhaul,” suggesting it reflects Democrats’ discontent with recent court decisions. Despite historical changes, like varying the number of Supreme Court seats and granting justices case-selection power, the Republican National Committee accused Biden’s plan of being a scheme to pack the court with liberal judges.

Efforts already exist among Democratic lawmakers to enforce a code of conduct at the Supreme Court. Representatives Jamie Raskin and Alexandria Ocasio-Cortez recently proposed legislation to ban justices from accepting gifts over $50. They rebuked the court’s ethics following Chief Justice John Roberts’ inaction regarding a protest symbol at Justice Samuel Alito’s home.

House progressives had urged Alito to recuse himself from two January 6-related cases, including Trump’s immunity appeal. A Supreme Court ethics bill from Senator Sheldon Whitehouse advanced out of the Senate Committee on the Judiciary but awaits a floor vote.