On Monday, July 29, 2024, the Times Union reported that President Joe Biden proposed major changes to the Supreme Court, including term limits for justices and making the high court’s code of ethics enforceable.

According to the article, Biden believes limiting Supreme Court justices to 18-year terms would make nominations more predictable and reduce any single president’s ability to shape the Court for generations. However, the Constitution currently gives all federal judges lifetime tenure unless they resign, retire, or are removed. While there is support for term limits among Americans, experts say a constitutional amendment would likely be needed to impose them.

The Supreme Court only adopted its first code of ethics last year, following criticism of undisclosed trips and gifts accepted by some justices. But the current code lacks an enforcement mechanism, something Biden thinks is a “common sense” addition. The article explained that while other federal judges can face censure for ethics violations, it is unclear how any enforcement would work for the Supreme Court given its unique role and authority. Experts noted the Chief Justice would likely be reluctant to discipline his colleagues.

Biden also called for a constitutional amendment to override the Court’s recent decision granting presidents broad immunity from prosecution. The amendment would clarify there is no immunity for criminal acts committed during a presidency. However, the Times Union report pointed out constitutional amendments require approval from two-thirds of Congress and three-quarters of state legislatures, which has not occurred for a new amendment in over 30 years. The House Speaker called Biden’s proposal “dead on arrival.”

In the past, Biden has resisted other Court reforms as Chairman of the Senate Judiciary Committee. In 2021, he formed a commission to study potential changes that cautioned excessive reforms could undermine democracy. The latest proposals from Biden come amid ongoing debates around recent high-profile Court rulings on abortion and government powers. Critics argue it is an attempt to reshape the Court in response to decisions Democrats disagreed with.

 

 

Source: Times Union