President Joe Biden is advocating for significant changes to the Supreme Court and the presidential office. He has proposed including term limits for Supreme Court justices and a binding code of conduct and ethics rules. Furthermore, he calls for a constitutional amendment to ensure that presidents are not immune from prosecution.
Presidential Immunity
Biden emphasized the principle that no one is above the law, including the president and Supreme Court justices, in an op-ed for The Washington Post. A White House official stated that Biden believes presidential power should be limited and accountable to the people. To achieve this, Biden is pushing for a constitutional amendment to make clear that no president is above the law and can be prosecuted for crimes committed in office.
Biden is set to discuss these reforms at the LBJ Presidential Library in Austin, Texas, in honor of the 60th anniversary of the Civil Rights Act.
A Challenging Amendment
Amending the Constitution is no small feat. It requires a two-thirds majority vote in both the House and Senate or a request from 34 states for a constitutional convention. After that, 38 state legislatures must approve the amendment. The last amendment to the Constitution was the 27th Amendment in 1992, which adjusted congressional pay.
Biden’s call for reform follows a recent Supreme Court decision that former President Donald Trump had some immunity for actions taken while in office, highlighting the need for clearer rules.
SCOTUS Term Limits
Biden wants to limit Supreme Court justices to 18-year terms, with new justices appointed every two years. Currently, justices serve for life. Biden believes this change would restore public confidence in the Court’s decisions and ensure regular updates to its membership.
The United States is unique among major democracies in granting lifetime appointments to its highest court. Term limits, according to Biden, would make court nominations more predictable and reduce any one president’s long-term influence on the judiciary.
Accountability and Ethics
Biden also proposes implementing a binding code of conduct for Supreme Court justices. This would require justices to disclose gifts, avoid public political activities, and recuse themselves from cases involving personal or financial conflicts of interest.
Biden’s reform ideas were informed by the Presidential Commission on the Supreme Court of the United States. Despite the Supreme Court’s adoption of a new formal code of conduct, critics argue that it is not binding and lacks enforcement mechanisms.
Reports of justices receiving gifts and trips from wealthy donors without proper disclosure have fueled calls for more stringent ethics rules. For example, Justice Clarence Thomas received luxurious trips from a billionaire donor, and Justice Samuel Alito failed to report a vacation with a hedge fund manager who had business before the Court.
Critics argue that the current system undermines trust in the judiciary. Recently, the Court released new financial disclosures, but key information was missing, prompting further criticism.
Justice Thomas eventually disclosed previously unreported trips paid for by billionaire Harlan Crow. The controversy surrounding these undisclosed trips has added momentum to calls for reform.
Sen. Lindsey Graham, a Republican, has expressed opposition to Biden’s proposals, particularly to term limits, suggesting that such measures aim to undermine the conservative majority on the Court.
