A security guard walks down the steps of the U.S. Supreme Court in Washington, U.S., July 19, 2024. REUTERS/Kevin Mohatt/File Photo
Biden Proposes Supreme Court Overhaul: Key Details and Reactions
Overview
President Joe Biden proposed significant changes to the U.S. Supreme Court, including term limits and a binding code of conduct for its nine justices. Despite the proposals’ importance, opposition from Republicans in Congress means they have little chance of being enacted.
Proposed Changes
- Term Limits: An 18-year term limit for Supreme Court justices, replacing the current life tenures.
- Code of Conduct: Binding rules for justices to disclose gifts, avoid public political activity, and recuse themselves in cases of conflicts of interest.
- Constitutional Amendment: Elimination of broad presidential immunity, as recognized in a July 1 Supreme Court ruling involving former President Donald Trump.
Background and Motivation
Biden’s proposals were highlighted in an opinion piece in the Washington Post and during a speech at the Lyndon B. Johnson presidential library in Austin, Texas. The speech coincided with the 60th anniversary of the Civil Rights Act of 1964. Biden emphasized that no one, including the president and Supreme Court justices, is above the law.
Political Context
- Biden’s Endorsement: Biden ended his reelection bid and endorsed Vice President Kamala Harris as the Democratic candidate for the November 5 presidential election against Republican nominee Trump.
- Historical Context: Biden has appointed one of the current nine justices, liberal Ketanji Brown Jackson, and has previously convened a commission to study changes to the Supreme Court.
Reactions
- Democratic Support: Vice President Harris supported the proposals, emphasizing accountability for former presidents.
- Republican Opposition: House Speaker Mike Johnson and the Republican National Committee criticized the proposals, viewing them as efforts to delegitimize the court and pack it with radical judges.
Supreme Court Dynamics
The Supreme Court’s conservative majority, established with Trump’s three appointees, has shifted American law to the right. Notable rulings include:
- Presidential Immunity: Recognition of limited presidential immunity from prosecution.
- Abortion: Ended recognition of a constitutional right to abortion.
- Gun Rights: Expanded gun rights.
- Collegiate Admissions: Rejected race-conscious admissions.
- Biden’s Agenda: Blocked policies on immigration, student loans, COVID vaccine mandates, and climate change.
Ethics and Conduct
Recent controversies over justices’ conduct led to the Supreme Court adopting its first code of conduct. However, critics argue it lacks enforcement mechanisms and allows justices to self-recuse without oversight.
Legislative Challenges
Passing legislation for term limits and an ethics code is improbable with the current split control of Congress. The proposed constitutional amendment to limit presidential immunity faces even greater hurdles, requiring significant support from both Congress and state legislatures.
COMMENTS