Topline
President Joe Biden outlined his proposal for reforming the U.S. Supreme Court Monday, urging Congress to pass legislation establishing term limits and a stringent code of conduct, but the move is unlikely to gain traction in a divided Congress.
President Joe Biden outlined his proposal for Supreme Court reforms on Monday.
Key Facts
Biden laid out three judicial reform proposals in a White House statement Monday: term limits for Supreme Court justices, a binding code of conduct for the top court and no immunity for crimes committed by former presidents during their term in office.
The statement criticized the Supreme Court for overturning “long-established legal precedents protecting fundamental rights.”
On the presidential immunity issue, Biden calls on Congress to pass a new constitutional amendment called the “No One Is Above the Law Amendment” —which “will state that the Constitution does not confer any immunity from federal criminal indictment, trial, conviction, or sentencing by virtue of previously serving as President.”
Pointing to Congress’ passage of term limits for the presidency more than 75 years ago, Biden calls on national lawmakers to do the same for the Supreme Court.
Biden also backed a proposal in which a sitting president will appoint a Justice once every two years, after which they can serve in the Supreme Court for 18 years.
Biden urged Congress to pass binding ethics code that “require Justices to disclose gifts, refrain from public political activity, and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest.”
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Crucial Quote
Biden criticized the Supreme Court’s “dangerous and extreme decisions” and said it is “mired in a crisis of ethics,” in a Washington Post op-ed published Monday. “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.”
Key Background
The proposal comes weeks after reports first emerged that Biden was preparing to back major Supreme Court-related reforms. Earlier this month, Biden criticized the top court for “setting a dangerous precedent” after its conservative majority bench granted former President Donald Trump partial immunity in the federal election interference case. The court has also overturned rulings that for years set precedents on the authority of federal agencies, as well as overturned Roe vs. Wade that protected abortion access. Recent reports revealed that Justice Clarence Thomas failed to disclose gifts received from real estate tycoon and major GOP donor Harlan Crow. Justice Samuel Alito also came under criticism after flags associated with the “Stop the Steal” movement were spotted flying at his home. In a recent interview with NBC News, Biden said the justices “seem out of touch with what the founders intended.”
Big Number
78%. That’s the percentage of registered voters who support 18-year term limits for Supreme Court justices, according to a Fox News poll conducted earlier this month.
Further Reading
Biden Reportedly Wants Supreme Court Term Limits: How It Would Work—And Why It’s Still Unlikely (Forbes)
