President Joe Biden announced a three-pronged proposal on Monday aimed at reforming the Supreme Court, marking a significant focus for the remainder of his term. The proposed changes include implementing term limits for Supreme Court justices, establishing a binding ethics code, and introducing a constitutional amendment to eliminate presidential immunity from criminal prosecution for crimes committed while in office.
The proposed amendment, called the “No One Is Above the Law Amendment,” directly addresses the Supreme Court’s controversial ruling earlier in July, which granted former President Donald Trump immunity from criminal prosecution for actions taken during his presidency.
Biden’s ethics code proposal follows recent scandals involving several justices, including Clarence Thomas and Samuel Alito, who failed to disclose significant financial gifts, raising concerns about conflicts of interest.
Throughout his administration, Biden has increasingly criticized the conservative-majority Supreme Court for decisions that have reversed federal abortion protections, limited affirmative action in college admissions, and nullified his student debt relief program. Following the Court’s 6-3 decision on presidential immunity, Biden issued a strong condemnation, stating, “This decision today has continued the Court’s attack in recent years on a wide range of long-established legal principles in our nation, from gutting voting rights and civil rights to taking away a woman’s right to choose to today’s decision that undermines the rule of law of this nation.”
Biden’s announcement comes shortly after he exited the presidential race and endorsed Vice President Kamala Harris as his successor. With less than six months left in his presidency, Biden has made Supreme Court reform a priority to solidify his legacy. “I’m going to call for Supreme Court reform because this is critical to our democracy,” he said in a national address from the Oval Office last Wednesday.
However, transforming these proposals into law will require congressional approval, which poses a significant challenge given the current partisan division in Congress. Particularly, passing a new constitutional amendment demands a two-thirds majority in both the House and the Senate.
President Biden is expected to further elaborate on his reform proposals in a speech at the LBJ Presidential Library in Texas later today.
