President Joe Biden is calling for broad reform of the U.S. Supreme Court, including term limits for justices, a binding code of ethics, and a constitutional amendment to limit the high court's recent presidential immunity ruling.
President Biden's Supreme Court reform proposals
In an op-ed published Monday morning, President Biden outlined the three-pronged proposal that he called a means to "restore trust and accountability" in America's democratic institutions. It includes the following:
- Justices to be nominated by the sitting president every two years to serve an 18-year term on the Supreme Court
- Congress to pass legislation that requires justices to disclose gifts, refrain from political involvement, and recuse themselves from cases in which they or their spouses have a conflict of interest
- A constitutional amendment stating that any current or former presidents are not immune from federal prosecution for any crimes committed while in office
Speaking Thursday at the LBJ Presidential Library to mark 60 years since the signing of the Civil Rights Act, President Biden said his reform proposals are needed to combat what he called an "onslaught against civil rights in America" at the hands of the Supreme Court.
"Based on all my experience, I'm certain we need these reforms," said President Biden. "We need these reforms to restore trust in the courts and preserve the system of checks and balances that are vital to our democracy. They're also commonsense reforms that a vast majority of the American people support, as well as leading constitutional law scholars — progressive and conservatives."
The announcement comes after months of public scrutiny and scandals surrounding the Supreme Court and its justices, including growing concerns over accountability — or lack thereof. But the White House supporting a new legislative check on the Supreme Court is one of the most significant formal efforts to rebalance U.S. governmental powers in recent memory.
"I have overseen more Supreme Court nominations as senator, vice president and president than anyone living today," President Biden said in a statement. "I have great respect for our institutions and separation 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."
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Criticism of the Supreme Court has sharpened in recent years, following reports that several justices initially failed to disclose luxury trips. Lawmakers have described an "ethical crisis" in the court and have called for an enforceable code of conduct for justices.
The Supreme Court released a new ethics code in November 2023 — but the code does not include a process for holding justices accountable if they violate the rules.
A proposed amendment over immunity
In the biggest test of the presidency's power since President Richard Nixon's resignation in 1974, the U.S. Supreme Court ruled on July 1 that a president cannot be prosecuted for official actions taken while in office.
In a 6-3 decision, the Supreme Court returned lower court rulings and stated that a former president has absolute immunity for his core constitutional powers. But President Biden's amendment proposal would put new legislative limits on immunity for the U.S. president and certain other officeholders.
“This nation was founded on a simple yet profound principle: No one is above the law," said President Biden. "Not the president of the United States. Not a justice on the Supreme Court of the United States. No one.”
However, a constitutional amendment like this would face a steep uphill battle — partly by design of the U.S. Constitution, and likely due to partisan efforts to block it.
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An amendment must meet significant thresholds. Either two-thirds of both houses of Congress must vote for it, or two-thirds of states must agree to request an amendment, following a constitutional convention. The amendment must then be ratified either by three-fourths of state legislatures or by three-fourths of state conventions that are assembled for the purpose.
The U.S. Constitution has not been amended since May 7, 1992, when the 27th Amendment was ratified. That amendment prevents members of Congress from changing their pay during the same legislative session. Any legislated changes to their salary can only take effect after the following election of the House of Representatives.
