Shaking up US Supreme Court? Biden's plan includes term limits and more

Donald Trump rejects ideas for reforms, accuses Biden and Democrats of attacking the Supreme Court

US President Biden is considering legislative proposals that could alter the structure of the Supreme Court by imposing term limits and enforcing a code of ethics for the justices, the New York Times (NYT) reported citing a source.
 

Biden’s proposals, which could be unveiled in the coming weeks, would require congressional approval. However, this appears unlikely given the Republican control of the House and the slim Democratic majority in the Senate.

Biden is contemplating calling for a constitutional amendment to limit the broad presidential immunity recently backed by the court’s conservative majority. His thinking follows a court ruling, which practically allows unlimited presidential actions. Amending the Constitution would face significant challenges, requiring two-thirds votes in Congress or at a convention called by two-thirds of the states, followed by ratification by three-fourths of the state legislatures.

 

During a virtual meeting with the Congressional Progressive Caucus over the weekend, Biden said he was considering changes to the court but did not provide specifics. “I’m going to need your help on the Supreme Court, because I’m about to come out with a major initiative on limiting the court and what we do,” he said, noting that he has been working with constitutional scholars for the past three months.

Former President Donald Trump, Biden’s rival, accused Biden and Democrats of attacking the Supreme Court. “We have to fight for our Fair and Independent Courts, and protect our Country. MAGA2024!” he said on social media.

Biden’s shift towards considering major court changes, initially reported by the Washington Post, marks a departure from his previous stance. For years, Biden resisted progressive activists and academics who urged him to limit the conservatives' power on the court. A commission created by Biden in 2021 to examine these issues did not make any specific recommendations, and no action was taken.

The Supreme Court, with its 6-to-3 conservative majority, has recently made significant rulings, including overturning Roe vs Wade, blocking gun control measures, eliminating affirmative action in college admissions, and diminishing LGBTQ+ rights. Several justices have also faced ethics scandals, such as Justice Clarence Thomas failing to disclose lavish gifts and luxury travel, and the wife of Justice Samuel A Alito Jr displaying flags suggesting allegiance with January 6 rioters.

Laurence H Tribe, a constitutional law professor at Harvard Law School, confirmed that Biden consulted him on the court's expansion of presidential immunity. Tribe, who served on Biden’s commission, expressed that the court’s decisions on abortion, precedent, and immunity warrant serious reforms. Despite the challenges, Tribe urged that starting the process now is crucial, citing the rapid ratification of the 26th Amendment, which lowered the voting age to 18 in just seven months.

Biden's consideration of court changes comes amid his 2024 campaign against Trump. These proposals are likely to resonate with many of his supporters, especially following recent conservative decisions. However, Biden is unlikely to support the radical idea of expanding the number of justices, as he rejected this notion in 2023, warning it could politicise the court indefinitely.

The President's commission noted that term limits for justices enjoy “widespread and bipartisan support.” Public polling further indicates that term limits and an ethics code for the justices are popular among Americans.