Biden Urges Overhaul of Supreme Court

President Joe Biden has called for significant reform measures for the U.S. Supreme Court, including term limits, an enforceable ethics code, and a constitutional amendment to limit presidential immunity. These proposals aim to address declining public trust in the judiciary.

“This nation was founded on a simple yet profound principle: No one is above the law,” Biden penned in an op-ed for the Washington Post. “Not the president of the United States. Not a justice on the Supreme Court of the United States. No one.”

Biden pointed to public concerns over the court’s impartiality and independence following decisions rolling back fundamental rights and ongoing ethics scandals involving justices. He stressed Congress must act to regain public confidence and ensure accountability.

“What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms,” Biden wrote. “We now stand in a breach.”

The president is set to detail his proposal at the 60th anniversary of the Civil Rights Act event at the LBJ Presidential Library. This follows his earlier support for court reforms during an Oval Office address.

Biden proposes 18-year term limits for justices, allowing each president the opportunity for two appointments per term. This proposal aligns with others from lawmakers and advocacy groups, enjoying bipartisan public support. Historically, justices served about 15 years on average, a tenure that has nearly doubled in recent times.

Another key element of Biden’s plan is to impose an enforceable code of conduct for Supreme Court justices. Currently, justices self-police their ethics, often leading to questionable decisions without accountability. The new code would demand disclosures of gifts, limit public political activities, and enforce recusals in cases of conflicts of interest.

Justice Elena Kagan suggested an alternative accountability path, recommending Chief Justice John Roberts form a committee of judges to review ethical violations.

“Rules usually have enforcement mechanisms attached to them, and this one, this set of rules does not,” Kagan remarked at the U.S. Court of Appeals Ninth Circuit Conference.

Biden’s call for a constitutional amendment seeks to counteract the court’s recent presidential immunity ruling, dubbing it the “No One Is Above the Law Amendment.” He emphasized that the Constitution does not shield presidents from federal criminal indictment, trial, conviction, or sentencing.

These reform endorsements mark a significant shift for Biden, previously a Judiciary Committee chairman and ranking member in the Senate. Although he commissioned a study on court reforms in 2021, he did not act on any recommendations until now. He maintained his respect for democratic institutions and the separation of powers but stated that recent judicial behavior necessitated these changes.

Members of Congress advocating for Supreme Court ethics and term limits legislation may welcome the White House’s concrete action plan. Rhode Island Senator Sheldon Whitehouse’s Supreme Court Ethics, Recusal and Transparency Act proposes a binding code of ethics for justices. Although the bill faced Republican obstruction on the Senate floor earlier this year, Democrats plan to reintroduce it, bolstered by Biden’s recent announcement.

Georgia Representative Hank Johnson has also put forward legislation to impose 18-year term limits and expand the Supreme Court bench to 13 members. Despite Democratic efforts, significant Supreme Court changes remain unlikely before the upcoming November election.

Republicans, controlling the House and with a slim minority in the Senate, have uniformly opposed the reform efforts. GOP lawmakers argue that Democrats aim to penalize conservative justices for their rulings on abortion rights and other critical issues.

Ohio Representative Jim Jordan accused Democrats of attempting to undermine the court’s legitimacy, further escalating political tensions. In a letter to the Justice Department, Jordan stated that the Democrats’ heated rhetoric endangered the justices.