US President Joe Biden is weighing sweeping proposals to reshape the Supreme Court, including setting term limits for the nine justices who now hold lifetime appointments and promulgation of an applicable code of ethics.
According to US media reports, Biden told members of the Congressional Progressive Caucus last weekend: “I’m going to need your help on the Supreme Court, because I’m about to leave… I don’t want to announce it prematurely, but I’m about to introduce a major initiative on limiting the court and what we do.”
Biden added: “I’ve been working with constitutional scholars for the last three months and I need help.”
Biden was once the chairman of the Senate Judiciary Committee that holds confirmation hearings for Supreme Court nominees appointed by U.S. presidents. He has long been considered an institutionalist and resisted suggestions of expanding the size of the court and appointing more liberals to undermine the current 6-3 conservative majority.
Biden does not appear to have changed his mind on his opposition to court expansion.
But any changes he suggests during his presidential election campaign against former President Donald Trump would likely not be enacted immediately, given Democrats’ slim majority in the Senate and Republicans’ narrow majority in the House of Representatives.
Perhaps an even more remote possibility for Biden would be to try to enact changes through a constitutional amendment, which requires the support of two-thirds of both houses of Congress, or by a convention of two-thirds of the states, and then approval by three-fourths of the state legislatures.
As promised during his 2020 campaign, Biden created a commission to study judicial reform, and while it issued a lengthy report, the panel made no specific recommendations and Biden took no action.
Since then, Democrats like Biden have become increasingly dismayed by the court’s decisive move toward conservative rulings, especially striking down a national constitutional right to abortion, blocking gun control measuresthe elimination of affirmative action in college admissions, the erosion of its adherence to judicial precedents, the diminution of the rights of sexual minorities, and, most recently, the ruling that all U.S. presidents have immunity from prosecution for official acts.
Biden is reportedly considering calling for a constitutional amendment that could limit the broad presidential immunity that the court just sanctioned.
Setting term limits — for example, 18 years rather than lifetime appointments — does not appear to have an immediate effect on judicial decisions. It was also unclear how Biden’s suggestions about term limits would affect the court’s nine current justices, three of whom have been on the court for more than 18 years, a commonly suggested term if term limits are imposed.
Former President Trump immediately criticized Biden’s judicial reform suggestions.
“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,” he said in his Truth Social platform. “We need to fight for our fair and independent courts and protect our country,” he added.
Aside from the controversy over their rulings, which is not unusual in a highly politicized US election year, Democrats have criticized two of the conservative judges for what they say are ethical lapses.
Justice Clarence Thomas initially did not disclose Lavish gifts and luxury trips paid for by a tycoon real estate brokerage, while Justice Samuel Alito’s wife waved flags suggesting allegiance to rioters at the Capitol on Jan. 6, 2021, who were attempting to overturn Congress’ certification of Biden’s 2020 election victory over Trump.
Alito rejected Democratic calls to recuse himself from cases involving Trump.
Connect with the Voice of America! Subscribe to our channels Youtube, WhatsApp and to newsletter. Turn on notifications and follow us on Facebook, X and Instagram.
Add Comment