President Joe Biden on Monday called for Supreme Court reforms, including term limits for justices, a binding code of conduct and ethics rules, and for a constitutional amendment to strip presidents of immunity from prosecution.
Presidential immunity
In an op-ed to be published Monday, according to a White House official, Biden plans to write, “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.”
“President Biden shares the Founders’ belief that the President’s power is limited—not absolute—and must ultimately reside with the people,” the official said. “He is calling for a constitutional amendment that makes clear no president is above the law or immune from prosecution for crimes committed while in office.”
Biden will advocate for these reforms during remarks at the LBJ Library in Austin, where he will mark the 60th anniversary of the Civil Rights Act.
United States Supreme Court (front row L-R) Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan, (back row L-R) Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh and Associate Justice Ketanji Brown Jackson pose for their official portrait at the East Conference Room of the Supreme Court building on October 7, 2022, in Washington, D.C. (Photo by Alex Wong/Getty Images)
Alex Wong/Getty Images
A constitutional amendment is not easily accomplished. It must either be proposed by a two-thirds vote in both the House and Senate or a constitutional convention is requested by 34 states. From there, 38 state legislatures would have to approve it. The last time an amendment was added to the Constitution was the 27th Amendment in 1992, which concerned changes in pay for Congress.
Biden’s op-ed comes after the Supreme Court ruled earlier this month that former President Donald Trump was entitled to some immunity and that former presidents had absolute immunity for “core” official acts.
SCOTUS term limits
Biden is also pushing Congress to implement 18-year term limits for Supreme Court justices, with presidents appointing a justice every two years, according to the White House official. Currently, justices serve lifetime appointments.
“I served as a U.S. senator for 36 years, including as chairman and ranking member of the Judiciary Committee,” Biden is expected to also write in his op-ed, per the official. “I have overseen more Supreme Court nominations as senator, vice president and president than anyone living today. I have great respect for our institutions and separation 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.”
The official said Biden wants term limits on the Court just as limits were placed on the presidency.
“The United States is the only major constitutional democracy that gives lifetime seats to its high court Justices,” the official added. “Term limits would help ensure that the Court’s membership changes with some regularity; make timing for Court nominations more predictable and less arbitrary; and reduce the chance that any single Presidency imposes undue influence for generations to come.”
President Joe Biden speaks during a meeting in the Oval Office at the White House on July 25, 2024, in Washington, D.C. (Photo by Andrew Harnik/Getty Images)
Andrew Harnik/Getty Images
SCOTUS Code of Conduct
Further, Biden is pressing for a binding and enforceable code of conduct and ethics rules for the high court that would require justices “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,” the White House official said.
“Supreme Court Justices should not be exempt from the enforceable code of conduct that applies to every other federal judge,” the official argued.
The official said the Presidential Commission on the Supreme Court of the United States provided Biden with analysis on his reform proposals, for which he is thankful.
In November, the court’s nine justices signed a new formal code of conduct, but critics have said it was not binding and merely “a friendly suggestion.”
Biden’s call for SCOTUS reform comes over a year after ProPublica first reported Justice Clarence Thomas received luxury travel and hospitality perks from a billionaire Republican donor, and that Justice Samuel Alito failed to report a luxury vacation he took with a wealthy hedge fund manager who later had business before the Supreme Court.
Alito rebuffed the allegations arguing that the justices “commonly interpreted” rules regarding hospitality “to mean that accommodations and transportation for social events were not reportable gifts.” He also asserted he was not aware of the manager’s connection in the cases that went before the court, and that his conversations with the man were limited and didn’t include his business or that of the court. Thomas said in a statement at the time, “This sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable.”
Last month, the Supreme Court released a new set of financial disclosures that illuminates some of the income and outside court affiliations for justices, though some key information critics say would give a fuller view were not included. At the time, disclosures for Alito and Thomas were not released.
Later that same day, Thomas, for the first time, formally disclosed July 2019 trips to Bali, Indonesia, and the Bohemian Grove Club in California, both paid for by billionaire Harlan Crow. These trips, which included a one-night hotel stay in Bali or three-night stay at the private club, had gone unreported by Thomas.
In May, the New York Times published a photo of an upside-down American flag flying outside the Alitos’ home in Virginia in the weeks after the January 6, 2021, Capitol riots. Rioters and affiliate groups have been known to fly the American flag upside-down as a form of protesting Biden’s 2020 election victory.
At the time, in a statement to the New York Times, Alito said it was his wife, Martha-Ann Alito, who flew the flag in that manner after being offended by a neighbor’s “objectionable” yard signs.
The reports of the flag came as a Jan. 6-related case was before the Supreme Court.
On Sunday, prior to Biden’s announcement, Republican Sen. Lindsey Graham of South Carolina was asked by CBS if he would work with the president on court reform. Graham rejected the idea, saying Democrats are trying “to undercut the conservative court.”
Pressed directly on if he supported term limits, Graham said, “No, no, no, no, no.”
President Joe Biden has recently voiced his support for significant reforms to the Supreme Court, as well as an amendment that would remove presidential immunity from prosecution. These proposed changes come at a time of heightened political tension and scrutiny surrounding the highest court in the land, as well as concerns about accountability for those in positions of power.
Biden’s advocacy for Supreme Court reforms is not a new development. Throughout his campaign and presidency, he has expressed his desire to see changes to the court’s structure and functioning. One of the key issues he has raised is the idea of expanding the number of justices on the court, a move that some believe could help to balance out the ideological makeup of the bench.
The Supreme Court has long been a contentious issue in American politics, with both Democrats and Republicans accusing each other of politicizing the court for their own gain. Biden’s call for reforms is seen by many as an attempt to address some of these concerns and restore faith in the institution.
In addition to advocating for Supreme Court reforms, Biden has also called for an amendment that would remove presidential immunity from prosecution. This proposal comes in the wake of ongoing legal battles involving former President Donald Trump, who has faced numerous lawsuits and investigations during and after his time in office.
The idea of presidential immunity has been a subject of debate for many years, with some arguing that it is necessary to protect the president from frivolous lawsuits and distractions, while others believe that it can shield presidents from accountability for their actions. Biden’s proposal would seek to strike a balance between these competing interests, ensuring that presidents are not above the law while still allowing them to carry out their duties without undue interference.
Overall, Biden’s advocacy for Supreme Court reforms and an amendment to remove presidential immunity from prosecution reflects his commitment to upholding the rule of law and ensuring accountability for those in positions of power. These proposed changes are likely to spark further debate and discussion in the coming months, as lawmakers and legal experts weigh the potential benefits and drawbacks of such reforms.
