President Joe Biden calls for term limits, an ethics code for justices, and a constitutional amendment on presidential immunity, aiming to restore confidence in the Supreme Court

In a bold move aimed at overhauling the U.S. Supreme Court, President Joe Biden announced a comprehensive reform proposal during a speech at the LBJ Presidential Library in Austin, Texas, on Monday. Addressing the 60th anniversary of the Civil Rights Act, Biden criticized what he described as “extremism” within the Court, which he believes is eroding public trust in the institution.

Biden’s proposal includes establishing term limits for Supreme Court justices and implementing a strict ethics code. Under his plan, justices would serve an 18-year term, with a new justice appointed every two years by the sitting president. This, Biden argues, would ensure regular changes in the Court’s composition and prevent any single president from exerting prolonged influence over the judiciary.

The proposal also calls for Congress to pass legislation enforcing a code of ethics for the justices. This code would mandate transparency regarding gifts, ban political activities, and require recusals in cases where there are conflicts of interest. Biden’s initiative aims to address growing concerns about judicial impartiality, highlighted by recent decisions that have overturned longstanding precedents on issues such as abortion rights and affirmative action.

Additionally, Biden is advocating for a constitutional amendment to limit presidential immunity, which he argues would uphold the principle that no one, not even the president, is above the law. This amendment seeks to counter a recent Supreme Court ruling that significantly expanded presidential immunity, potentially stalling legal proceedings against former President Donald Trump regarding his actions related to the 2020 election.

Biden’s proposals come amid heightened scrutiny of the Supreme Court, particularly its 6-3 conservative majority. Critics have pointed to controversial rulings, including the 2022 overturning of Roe v. Wade and the 2023 decision curbing affirmative action, as evidence of a judiciary that is increasingly out of touch with public sentiment. The President’s call for reforms also follows revelations about questionable conduct by some justices, which have further fueled scepticism about the Court’s integrity.

Despite the ambitious nature of Biden’s proposals, they face significant hurdles in Congress. With a closely divided legislature and a looming election, the likelihood of passing these reforms before Biden leaves office is uncertain. However, Democrats hope that Biden’s push for change will galvanize voters and sharpen the political focus ahead of the November elections.

Vice President Kamala Harris has swiftly endorsed Biden’s plan, framing it as essential to restoring faith in the judicial system. “There is a clear crisis of confidence facing the Supreme Court,” Harris said in support of the President’s proposals.

Republican leaders have criticized Biden’s plan, with House Speaker Mike Johnson calling it a “dangerous gambit” and former President Trump dismissing it as a “typical Biden con.” Senate Republican Leader Mitch McConnell has argued that the proposal amounts to an attack on the judicial branch, accusing Biden and his allies of attempting to undermine the Constitution to reshape the Court’s composition.

In the midst of this debate, public opinion seems to support some form of reform. An AP-NORC poll from August 2023 showed strong support for age limits on Supreme Court justices, with a significant majority favouring mandatory retirement ages. This reflects a broader concern about ensuring that the judiciary remains accountable and representative of current societal values.

The call for term limits and an ethics code could bring the Supreme Court’s practices more in line with other federal judicial bodies, which already have mechanisms for accountability and transparency. As the debate continues, the future of Biden’s proposals will likely remain a contentious issue in American politics, shaping discussions about judicial reform and the balance of power in the coming years.

Analysis

Political

President Biden’s proposal for Supreme Court reforms reflects an urgent political response to perceived judicial overreach and a desire to restore public confidence in the judiciary. The call for term limits and an ethics code represents a significant shift in how the U.S. views its highest court, aiming to address the partisan divisions and controversies that have increasingly characterized the Court. Biden’s proposals highlight the ongoing tensions between the executive branch and the judiciary, especially as the Supreme Court’s conservative majority continues to make decisions that challenge long-standing precedents. The proposal’s success will depend on navigating a divided Congress and overcoming strong partisan resistance, making it a key issue in the upcoming elections.

Social

Biden’s proposed reforms tap into broader societal concerns about judicial impartiality and accountability. The Supreme Court’s recent rulings on issues like abortion rights and affirmative action have polarized public opinion, contributing to a crisis of confidence in the Court’s fairness. By advocating for term limits and a stricter ethics code, Biden aims to address these concerns and rebuild trust in an institution that many Americans see as increasingly disconnected from their values. The proposal also reflects a growing societal demand for transparency and accountability in government institutions, resonating with voters who are frustrated by perceived abuses of power.

Racial

The proposed reforms come in the context of the Supreme Court’s recent decisions that have significant racial implications, such as the rollback of affirmative action. Biden’s emphasis on term limits and an ethics code seeks to address these concerns by ensuring that the Court remains responsive to evolving societal norms and values. The debate around these reforms also intersects with discussions about racial justice and representation, as the Court’s composition and decisions have substantial impacts on issues of racial equity and civil rights.

Gender

Gender considerations play a role in the discussion about Supreme Court reforms, particularly in light of the Court’s recent decisions on reproductive rights. Biden’s proposals aim to address concerns about judicial bias and the Court’s ability to make fair decisions on gender-related issues. By advocating for changes in how justices are appointed and held accountable, Biden’s plan seeks to ensure that the Court reflects a more diverse and inclusive perspective, which is crucial for addressing gender equity and other related issues.

Economic

Economically, the call for Supreme Court reforms can influence perceptions of stability and fairness in the U.S. legal system, which has broader implications for business and investment. The proposed changes, including term limits and an ethics code, aim to enhance the credibility and reliability of the judiciary, which can affect economic confidence and the rule of law. By addressing concerns about judicial impartiality and accountability, Biden’s proposals seek to create a more predictable and equitable legal environment, which is important for economic stability and growth.