Biden Endorses Supreme Court Reforms, Amendment to Limit Immunity

Washington D.C.: In an unprecedented move, President Biden expressed support for sweeping changes to the Supreme Court on Monday, advocating for term limits for justices, a binding, enforceable ethics code, and a constitutional amendment to limit presidential immunity. This announcement is a significant departure for Biden, who has previously resisted calls to reform the judiciary.

A Shift in Posture

Skeptics note a sharp rightward shift of the Supreme Court since Biden assumed presidency. The Court’s recent political maneuvers, include overturning Roe v. Wade, ending affirmative action in college admissions, weakening federal agencies, overturning a longstanding decision, and nullifying Biden’s student-loan forgiveness program.

Biden lamented this disturbing trend in an op-ed, stating, “I have great respect for our institutions and separation of powers. What is happening now is not normal and undercuts public confidence. We now stand in a breach.“

Proposed Changes

Biden is calling for 18-year term limits for justices, introducing a degree of predictability and eliminating the perceived arbitrariness of Supreme Court nominations. He is also pushing for a binding, enforceable ethics code which would make justices disclose gifts, abstain from political activities, and recuse themselves when conflicts of interest occur.

“No One Is Above the Law”

Moreover, Biden is advocating for a constitutional amendment prohibiting blanket immunity for presidents. The so-called “No One Is Above the Law Amendment” is a pointed critique of the Supreme Court’s recent ruling that former president, Donald Trump, is immune from prosecution for official acts. This amendment interpretation of the Constitution states that no individual, regardless of their office, is immune from indictment, trial, conviction, or sentencing.

Challenges Ahead

The proposed reforms and constitutional amendment face significant obstacles. Statement, both reform proposals require 60 votes in the Senate, a significant challenge with Democrats holding just 51 seats. Furthermore, passing a constitutional amendment necessitates either two-thirds support of both chambers or a convention of two-thirds of the states, and then approval by three-fourths of state legislatures.

Opposition and Support

In response to the proposed changes, former president Donald Trump accused Democrats of attempting to disrupt the Presidential Election by denigrating him and the Supreme Court. Biden also faced resistance during the 2020 presidential race, when calls from liberals for court expansion were rebuffed.

Solidarity from Allies

Despite opposition, Biden has support from multiple corners. Prominent constitutional law professor at Harvard Law School, Laurence Tribe, has been in dialogue with Biden. Tribe advocates for term limits, an enforceable ethics code, and limitations on presidential immunity, aligning with Biden’s proposed changes.

Efforts Towards Unification

Before his Monday announcement, Biden expressed plans to endorse these changes to the Supreme Court. He hinted at his intentions during a call with the Congressional Progressive Caucus, saying, “I’m about to come out with a major initiative on limiting the court…“

Conclusion

As President Biden embarks on a mission to reform the Supreme Court and limit immunity for presidents, both anticipation and resistance hang in the political air. Whether these aspirations become reality remains to be seen.