Biden Unveils Proposal To Establish Term Limits For Supreme Court
President Joe Biden has urged Congress to implement term limits and a binding code of ethics for the Supreme Court’s nine justices. Additionally, he is advocating for a constitutional amendment to limit presidential immunity.
With just 99 days until Election Day, the White House detailed Biden’s court proposal on Monday, though it faces slim chances in a narrowly divided Congress.
Despite this, Democrats hope the proposal will focus voter attention in a tight election. Vice President Kamala Harris, the expected Democratic nominee, has framed the contest against former President Donald Trump as “a choice between freedom and chaos,” citing previous rulings that have questioned the court’s impartiality.
The court's 6-3 conservative majority has spurred Democratic anger over rulings that overturned long-standing precedents on federal regulatory authority and abortion rights.
Liberals are also upset by revelations about decisions and relationships involving conservative justices that they claim compromise impartiality, according to the Associated Press.
“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. We now stand in a breach,” Biden wrote in a Washington Post op-ed published Monday.
Harris later stated that Americans need a Supreme Court free of ethics scandals and decisions that ignore established precedent. She believes the proposed reforms “will help to restore confidence in the Court, strengthen our democracy, and ensure no one is above the law.”
Biden is pushing for the end of lifetime judicial appointments. He suggests Congress should pass legislation for a system where the sitting president appoints a justice every two years to serve an eighteen-year term. He argues that term limits would stabilize the nomination process and ensure regular changes in court membership.
Additionally, Biden wants Congress to pass laws establishing an ethical code for judges, requiring them to disclose gifts, avoid public political activity, and recuse themselves from cases where they or their spouses have a financial or other conflict of interest.
Biden is also calling for a constitutional amendment to overturn a recent Supreme Court ruling granting former presidents immunity from prosecution in most cases. This decision significantly delays the potential trial of the former president before the November election and postpones the Washington criminal case against Trump regarding his actions after the 2020 presidential election.
Term limits could impact the first three justices on the right. Justice Clarence Thomas has served for nearly 33 years, Justice Samuel Alito for 18 years, and Chief Justice John Roberts for 19 years.
Trump has condemned judicial reform as a desperate Democratic attempt to “Play the Ref.”
“The Democrats are attempting to interfere in the Presidential Election, and destroy our Justice System, by attacking their Political Opponent, ME, and our Honorable Supreme Court. We have to fight for our Fair and Independent Courts, and protect our Country,” Trump posted on his Truth Social site this month.
The Biden campaign aims to highlight recent high court rulings, including the 2022 conservative majority decision that overturned the constitutional right to an abortion, a court comprising three Trump-appointed judges.
Biden’s stance has evolved since his candidacy, where he was cautious about court reform calls. During his administration, he has more openly expressed his view that the court has strayed from traditional constitutional interpretation.
Last week, he announced in an Oval Office speech that he would pursue Supreme Court reform during his remaining time in office, calling it “critical to our democracy.”