US President Joe Biden has urged Congress to implement reforms addressing Supreme Court term limits and presidential immunity. These calls are part of a broader three-part plan aimed at reshaping the judiciary and enhancing government accountability, set forth ahead of the upcoming 2024 presidential election.
Biden’s proposed reforms, revealed in a Washington Post op-ed, include the introduction of 18-year term limits for Supreme Court justices alongside measures to reduce grandstanding through predictable biennial appointments. Additionally, he seeks to pass legislation mandating a comprehensive code of ethics for justices to enhance transparency and mitigate conflicts of interest. Crucially, the proposal also advocates for a constitutional amendment to overturn the Supreme Court’s decision that effectively grants former presidents immunity from prosecution for official acts.
The initiative faces formidable legislative hurdles, given the need for a two-thirds majority in both the House of Representatives and the Senate or alternatively, a constitutional convention which would require the approval of 34 states and be ratified by 38 state legislatures. Such a significant change last occurred in 1992 with the 27th Amendment, concerning congressional pay changes.
“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,” Biden wrote, emphasizing the transformative potential of the reform agenda.
American public opinion appears to be largely in favor of such changes. According to a 2022 poll by the Associated Press, 67% of Americans, spanning both Democrat and Republican demographics, support the imposition of term limits on Supreme Court justices.
Highlighting his commitment to the principles of equality before the law, Biden stated, “This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No one.”
Throughout his tenure, Biden has voiced concerns about perceived deviations from constitutional norms by the current Supreme Court. “I have great respect for our institutions and separations 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,” he remarked.
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