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President Joe Biden has listed three ‘bold’ reforms to bring back trust and accountability to the US Supreme Court, as he stated that the country’s democratic institutions are facing increasing threats.
“In the face of increasing threats to America’s democratic institutions, I am calling for three bold reforms to restore trust and accountability to the Supreme Court and our democracy,” the President tweeted.
“First, I am calling for a constitutional amendment called the No One Is Above the Law Amendment. It would make clear that there is no immunity for crimes a former president committed while in office. I share our Founders’ belief that the president’s power is limited, not absolute. We are a nation of laws—not of kings or dictators,” he said, taking a swipe at ex-POTUS Donald Trump, who is currently the Republican face in the upcoming polls.
This came in response to the court’s July 1 ruling, which determined that Presidents cannot be prosecuted for “official acts” performed while in office, a decision related to a case involving Trump, who was indicted by a federal grand jury for his efforts to overturn the 2020 election.
“Second, we have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the court’s membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come. I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court,” Biden said.
During his tenure, Trump nominated three conservative justices, shifting the balance of the Supreme Court from a 5-4 to a 6-3 conservative majority, thereby strengthening the conservative advantage. Biden has become more vocal in his criticism of the Supreme Court and its decisions.
“Third, I’m calling for a binding code of conduct for the Supreme Court. This is common sense. The court’s current voluntary ethics code is weak and self-enforced. Justices should be required to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. Every other federal judge is bound by an enforceable code of conduct, and there is no reason for the Supreme Court to be exempt,” the President said.
Previously, Justices Clarence Thomas and Samuel Alito have faced scrutiny for their personal conduct. Thomas did not disclose receiving extravagant travel from wealthy Republican donors. Alito’s wife displayed flags outside their homes associated with the January 6, 2021, Capitol riot and efforts to overturn the 2020 election.
“All three of these reforms are supported by a majority of Americans—as well as conservative and liberal constitutional scholars. In America, no one is above the law. In America, the people rule,” he added.
Meanwhile, implementing term limits and an ethics code for the Supreme Court would likely necessitate new legislation, which means the currently divided Congress is not anticipated to address this issue before the end of 2024. The House is controlled by Republicans, while Democrats have a slim majority in the Senate.
Furthermore, even if Democrats gain control of both chambers following the election in November, they are unlikely to achieve the 60 Senate seats required to overcome a filibuster. A constitutional amendment would face even greater challenges.
