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US President Joe Biden is seriously considering implementing term limits for US Supreme Court justices and establishing an enforceable ethics code. This move is in response to mounting concerns over accountability for the justices.
These proposals would mark a significant shift for Biden, who has traditionally resisted calls for reforming the high court.He has grown increasingly vocal about the court’s current trajectory, which he feels is departing from mainstream constitutional interpretation, as per the Associated Press sources.
The most significant changes Biden is considering would require approval from Congress, a challenging prospect given its division. Nonetheless, Biden’s proposals may energize his voter base, particularly given his potential 2024 Republican rival, Donald Trump‘s, boasts about appointing three conservative justices during his tenure. Biden is also contemplating a constitutional amendment to remove the broad immunity for presidents recently affirmed by the court. This arises after Trump claimed immunity from prosecution for his actions on January 6, 2021, when a mob of his supporters stormed the US Capitol.
Biden’s considerations follow increasing frustration among Democrats over recent Supreme Court decisions that overturned longstanding precedents on abortion rights and federal regulatory powers. Moreover, questions about the court’s ethics have surged following revelations about justices, including Clarence Thomas, who accepted luxury trips from a GOP megadonor.
In a recent interview with BET, Biden predicted, “there are probably going to be two more appointments” within the next four years as justices retire. He criticized Trump for nominating three conservative justices who helped overturn Roe v. Wade, adding, “Just imagine if he has two more appointments, what that means.”
The Supreme Court has not yet commented on these proposals.
In a conversation with the Congressional Progressive Caucus, Biden mentioned, “And by the way, I’m going to need your help on the Supreme Court, because I’m about to come out. I don’t want to prematurely announce it, but I’m about to come out with a major initiative on limiting the court and what we do and – I’ve been working with constitutional scholars for the last three months, and I need some help.”
Public sentiment appears to support such changes. According to a 2022 poll from the Associated Press-NORC Center for Public Affairs Research, about 2 in 3 Americans favor term limits or a mandatory retirement age for Supreme Court justices.
A separate June survey revealed that confidence in the court remains low, with 4 in 10 US adults saying they have hardly any confidence in the people running the Supreme Court. Additionally, 7 in 10 Americans believe the justices are more influenced by ideology, while only about 3 in 10 think the justices provide an independent check on other government branches by being fair and impartial.
In November, the Supreme Court adopted its first code of ethics. However, this policy, agreed to by all nine justices, does not seem to impose significant new requirements and leaves compliance up to each justice.
Republicans have long focused on reshaping the federal judiciary and Supreme Court. Former Senate Majority Leader Mitch McConnell, R-Ky, notably refused to meet with Obama’s nominee Merrick Garland in 2016, stalling the nomination until Trump assumed office. Trump ultimately succeeded in appointing three Supreme Court justices and 54 federal appeals court judges, significantly altering the judiciary for a generation.
Democrats have recently begun to grasp the power of judicial appointments as a political tool. Biden has prioritized judicial nominations, setting a record for appointments at this point in his first term, including some of the judiciary’s most diverse picks. He often highlights these accomplishments during his reelection campaign, but Democratic activists are urging him to take further action.
Trump criticized Biden’s potential move on his Truth Social platform, stating, “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.”
These proposals would mark a significant shift for Biden, who has traditionally resisted calls for reforming the high court.He has grown increasingly vocal about the court’s current trajectory, which he feels is departing from mainstream constitutional interpretation, as per the Associated Press sources.
The most significant changes Biden is considering would require approval from Congress, a challenging prospect given its division. Nonetheless, Biden’s proposals may energize his voter base, particularly given his potential 2024 Republican rival, Donald Trump‘s, boasts about appointing three conservative justices during his tenure. Biden is also contemplating a constitutional amendment to remove the broad immunity for presidents recently affirmed by the court. This arises after Trump claimed immunity from prosecution for his actions on January 6, 2021, when a mob of his supporters stormed the US Capitol.
Biden’s considerations follow increasing frustration among Democrats over recent Supreme Court decisions that overturned longstanding precedents on abortion rights and federal regulatory powers. Moreover, questions about the court’s ethics have surged following revelations about justices, including Clarence Thomas, who accepted luxury trips from a GOP megadonor.
In a recent interview with BET, Biden predicted, “there are probably going to be two more appointments” within the next four years as justices retire. He criticized Trump for nominating three conservative justices who helped overturn Roe v. Wade, adding, “Just imagine if he has two more appointments, what that means.”
The Supreme Court has not yet commented on these proposals.
In a conversation with the Congressional Progressive Caucus, Biden mentioned, “And by the way, I’m going to need your help on the Supreme Court, because I’m about to come out. I don’t want to prematurely announce it, but I’m about to come out with a major initiative on limiting the court and what we do and – I’ve been working with constitutional scholars for the last three months, and I need some help.”
Public sentiment appears to support such changes. According to a 2022 poll from the Associated Press-NORC Center for Public Affairs Research, about 2 in 3 Americans favor term limits or a mandatory retirement age for Supreme Court justices.
A separate June survey revealed that confidence in the court remains low, with 4 in 10 US adults saying they have hardly any confidence in the people running the Supreme Court. Additionally, 7 in 10 Americans believe the justices are more influenced by ideology, while only about 3 in 10 think the justices provide an independent check on other government branches by being fair and impartial.
In November, the Supreme Court adopted its first code of ethics. However, this policy, agreed to by all nine justices, does not seem to impose significant new requirements and leaves compliance up to each justice.
Republicans have long focused on reshaping the federal judiciary and Supreme Court. Former Senate Majority Leader Mitch McConnell, R-Ky, notably refused to meet with Obama’s nominee Merrick Garland in 2016, stalling the nomination until Trump assumed office. Trump ultimately succeeded in appointing three Supreme Court justices and 54 federal appeals court judges, significantly altering the judiciary for a generation.
Democrats have recently begun to grasp the power of judicial appointments as a political tool. Biden has prioritized judicial nominations, setting a record for appointments at this point in his first term, including some of the judiciary’s most diverse picks. He often highlights these accomplishments during his reelection campaign, but Democratic activists are urging him to take further action.
Trump criticized Biden’s potential move on his Truth Social platform, stating, “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.”
