President Joe Biden has introduced a proposal for significant changes to the U.S. Supreme Court, including term limits and a code of ethics for the justices. The plan also seeks a constitutional amendment to limit presidential immunity, addressing a recent controversial court ruling.
On Monday, the White House laid out Biden’s plan, which faces a tough path in a divided Congress with just 99 days until Election Day. Democrats hope the proposal will galvanize voters frustrated by recent Supreme Court decisions and ethical controversies involving some justices.
In a Washington Post op-ed set to be published Monday, Biden expressed concern over the current state of the court. “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 proposal includes ending lifetime appointments for Supreme Court justices, suggesting 18-year term limits with a new appointment every two years. Biden believes this would bring regular changes and predictability to the court.
Additionally, Biden calls for legislation to establish an ethics code for justices, which would require them to disclose gifts, avoid political activities, and recuse themselves from cases with conflicts of interest. He also seeks a constitutional amendment to reverse a Supreme Court ruling granting former presidents broad immunity from prosecution.
This ruling has delayed the criminal case against former President Donald Trump related to the 2020 election. The proposed amendment aims to ensure accountability for presidential actions.
Trump has denounced the court reform proposal, accusing Democrats of trying to manipulate the election and undermine the justice system. “The Democrats are attempting to interfere in the Presidential Election, and destroy our Justice System,” Trump posted on Truth Social.
Recent ethical concerns involving the Supreme Court have included Justice Clarence Thomas accepting luxury trips from a GOP donor, Justice Sonia Sotomayor’s staff promoting her books, and Justice Samuel Alito displaying controversial flags at his home.
Democrats hope Biden’s proposal will spotlight contentious court decisions, such as the 2022 ruling that ended constitutional protections for abortion. Senator Elizabeth Warren (D-MA) highlighted the issue’s importance in the upcoming election, saying, “When they vote in November, the Supreme Court is on the ballot.”
Republican Sen. Lindsey Graham (R-SC) argued that Democrats did not object to the court’s decisions when they were liberal-leaning. “Only when we brought constitutional balance back from having a conservative court was the court a threat to the country,” Graham said on CBS’ “Face the Nation.”
Biden’s proposal represents a shift from his earlier hesitation about court reform. He recently announced plans to pursue these changes, calling them “critical to our democracy.”
Vice President Kamala Harris, who previously supported court expansion during her 2020 presidential campaign, has not commented on her role in shaping the proposal or potential future reforms.
The White House stated that Biden and Harris are committed to collaborating with Congress to prevent presidential power abuse, restore trust in the Supreme Court, and reinforce democratic safeguards.