US President Joe Biden announced Monday an ambitious reform agenda targeting the conservative-dominated Supreme Court, a high-stakes move as he enters the final months of his presidency. The 81-year-old Democrat is advocating for a constitutional amendment to counter the Supreme Court’s recent endorsement of former President Donald Trump’s claims of presidential immunity, according to the White House.
In addition, Biden is calling for the introduction of term limits for Supreme Court justices, who currently serve for life. This push comes in the wake of controversial rulings, including the reversal of the nationwide right to abortion.
Biden plans to elaborate on these proposals in a speech in Austin, Texas later Monday. His reform agenda also includes the establishment of an enforceable ethics code in response to a series of scandals involving the Court.
The president confirmed his intention to seek these reforms during an Oval Office address last week, following his decision to withdraw from the 2024 presidential race. However, experts note that the proposals face nearly insurmountable obstacles in a deeply divided Congress.
In an opinion piece published Monday, Biden emphasized, “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.” He expressed concern that current circumstances undermine public confidence in the Court, especially concerning decisions impacting personal freedoms.
The proposed reforms come amid Biden’s frustration with the Court’s conservative majority, which includes three justices appointed by Trump. Recent decisions, including the overturning of the 1973 Roe v. Wade ruling and significant limitations on federal agencies’ power, have further fueled Biden’s discontent.
The White House indicated that Biden and Vice President Kamala Harris, the presumptive Democratic nominee for the upcoming election, are eager to collaborate with Congress on these reforms.
Biden’s plan includes implementing 18-year term limits for Supreme Court justices, with new appointments every two years. This measure aims to reduce the potential for any single presidency to exert long-lasting influence. Additionally, Biden seeks a “binding, enforceable” ethics code akin to those governing federal judges.
The Supreme Court’s current 6-3 conservative majority has faced scrutiny, particularly over ethics issues involving justices like Clarence Thomas and Samuel Alito. Recent scandals, including Thomas’s acceptance of luxury vacations from a billionaire donor and Alito’s involvement in Trump-related cases, have intensified calls for reform.
Legal experts, however, are skeptical about the likelihood of these reforms being enacted. Steven Schwinn, a law professor at the University of Illinois Chicago, suggested that Biden’s proposals are unlikely to advance but may serve to raise public awareness and elevate the Supreme Court as a key election issue.
