In a recent op-ed published by the Washington Post, U.S. President Joe Biden called for significant reforms to the Supreme Court’s structure and the concept of presidential immunity.
The proposal, part of a three-part plan presented to Congress ahead of the 2024 presidential election, aims to address concerns about the longevity of judicial appointments and accountability at the highest levels of government.
The president’s plan includes advocating for a constitutional amendment to eliminate lifetime appointments for Supreme Court justices.
Instead, Biden suggests instituting 18-year term limits, with the sitting president appointing a new justice every two years. This measure seeks to ensure regular changes in the court’s composition, making the nomination process more predictable and less susceptible to long-term ideological shifts caused by a single administration.
Additionally, Biden’s proposal calls for the establishment of a code of ethics for Supreme Court justices.
This code would require justices to disclose gifts, prohibit political activities, and mandate recusal in cases where there is a conflict of interest, including financial ties involving justices or their spouses.
A crucial aspect of the plan also involves reforming the landmark decision that grants former presidents immunity from prosecution. By passing a constitutional amendment, Biden aims to clarify that no individual, including a former president, is above the law.
This initiative reflects a broader effort to ensure accountability and uphold the rule of law.
However, these proposed reforms face significant challenges. With a divided Congress—Republicans controlling the House and Democrats the Senate—securing the necessary two-thirds majority vote in both chambers, or approval from 34 state legislatures for a constitutional convention, is a formidable hurdle.
The last successful amendment, the 27th Amendment, which addressed congressional pay raises, was ratified in 1992.
President Biden emphasized the importance of these reforms, stating:
“Term limits would help ensure that the court’s membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come.”
Public opinion appears to support Biden’s push for term limits. A 2022 Associated Press poll indicated that 67% of Americans, including 82% of Democrats and 57% of Republicans, favor limiting the tenure of Supreme Court justices.
Biden concluded with a reminder of the nation’s foundational principles:
“This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No One.”
Throughout his presidency, Biden has consistently voiced concerns about the current Supreme Court’s direction, suggesting that recent actions have strayed from constitutional norms and eroded public confidence in the judiciary.
“I have great respect for our institutions and separations of powers. 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,” he asserted.
