In an op-ed published in The Washington Post, President Joe Biden calls for three reformatory actions for the Supreme Court.
Why it Matters:
Biden’s proposal, published early Monday morning, addresses elements of the Supreme Court’s ethics and makeup that he believes put the efficiency of the court into question. In referencing recent, controversial rulings and a self-imposed code of ethics, Biden says, “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 Points:
- The first act Biden outlines is the proposition of a new Constitutional amendment called the “No One is Above the Law” amendment. Following the Supreme Court’s recent ruling granting presidential immunity for official acts, the proposed amendment would dictate no immunity granted to former presidents for crimes committed while in office. This amendment underscores the message Biden shares at the start and end of his opinion piece: “No one is above the law.”
- Next, Biden proposes an 18-year term limit for Supreme Court justices, replacing the position’s current lifetime appointment. This act would make court nominations more regular—a justice appointed by the president every two years—and limit the effect one presidency has on “the makeup of the court for generations to come.”
- The final reform act proposed is a formal code of conduct for the Supreme Court. Biden states other federal judges are bound by a code of conduct, but the Supreme Court’s ethical code is voluntary and self-enforced. This act aims to limit political and personal conflicts of interest of Supreme Court justices and reinstill public faith in court impartiality in decision-making.
Broader View:
- President Biden’s call for reform comes after his announcement that he will no longer be running for re-election in the fall. Vice President Kamala Harris—now the front-running Democratic candidate in the presidential election—co-signed the proposal, stating the proposal will “restore confidence in the Court, strengthen our democracy, and ensure no one is above the law.”
A 2023 poll published by the AP-NORC reported that 67% of Americans were in favor of a mandatory retirement age for Supreme Court Justices. However, Republican House Speaker Mike Johnson referred to the proposal in its entirety as a “dangerous gambit” that would be “dead on arrival in the House.”
