Janice R. Andrews
WASHINGTON – Major proposals to limit the terms of Supreme Court justices and create an enforceable code of ethics for the court are being considered by President Joe Biden. According to three people briefed on the preparations, there is growing concern about openness and accountability in the judiciary, which is why this is being considered.
As the chairman of the Senate Judiciary Committee, Biden has historically opposed requests for changes to the Supreme Court. This would be a significant departure for him. Biden has expressed his concerns about the court’s departure from conventional constitutional interpretation more and more since taking office. The Washington Post was first to report on the specifics of this development.
Political Background and Legal Difficulties
Congress would need to approve any proposed changes to the Supreme Court’s composition, which would be difficult given the current division in the Congress. Nonetheless, Biden’s advocacy for these changes may galvanise his supporters given that Republican contender Donald Trump has made repeated boasts about having appointed three justices to the court who currently make up the conservative majority.
Additionally, Biden is considering supporting a constitutional change that would eliminate the extensive immunity that the court granted presidents during its most recent term. This comes after Trump said he was immune from punishment for his involvement in the Capitol brawl on January 6, 2021. Since the suggestions are still in the early stages of development, the people who provided this material to the Associated Press did so anonymously.
Democratic Reaction and Moral Issues
Democratic indignation over recent high court rulings that reversed long-standing standards on abortion rights and government regulatory authority is fueling the movement for Supreme Court reforms. A GOP megadonor’s lavish travels that some judges, most notably Clarence Thomas, embraced have also raised ethical questions.
In a recent interview with BET, Biden criticised Trump for picking conservative judges who overturned Roe v. Wade and said that there may be “two more” justices appointed in the next four years as a result of retirements. Requests for feedback on these ideas have not yet received a response from the Supreme Court.
A Call to Action from Biden
Biden talked about these possible reforms over the weekend on a teleconference with the Congressional Progressive Caucus. He emphasised the need for more Democrats in Congress and the White House to balance the conservative-leaning court. Drawing on his three months of work with constitutional scholars, Biden declared, “I’m about to come out with a major initiative on limiting the court.” He asked for cooperation.
It seems that the public is in favour of these reforms. Approximately two thirds of Americans support term limits or a mandatory retirement age for Supreme Court justices, according to a 2022 poll conducted by the Associated Press-NORC Centre for Public Affairs Research. Furthermore, a June survey found that 4 out of 10 respondents have little faith in the Supreme Court’s leadership, indicating that public trust in the court is still low.
Judicial Independence and Ethics
According to the same survey, just roughly 3 out of 10 Americans think the judges act as an independent check on other departments of government, and 7 out of 10 say the justices are more affected by ideology than by impartiality.
All nine justices of the Supreme Court concurred to approve the court’s first code of ethics in November. Nonetheless, this policy left compliance up to each individual justice and did not impose any significant additional obligations.
Historical Context and Political Reactions
Republicans have long prioritised changing the Supreme Court and the federal courts. Obama’s choice for the Supreme Court, Merrick Garland, was denied by Senate Majority Leader Mitch McConnell in 2016. This allowed Trump to nominate three justices to the Supreme Court and fifty-four judges to federal appeals courts, drastically changing the judiciary for a generation.
Democrats are starting to understand that judicial nominations have a significant impact on elections. By giving judicial nominations top priority, Biden has appointed a record number of judges—including historically diverse candidates—during this phase of his presidency. While Democrats implore Biden to pursue additional reforms, his reelection campaign regularly highlights these accomplishments.
In response to Biden’s proposed amendments, Trump said on his Truth Social platform that the measures are an attempt to sabotage the legal system and meddle in the presidential election. “We have to fight for our Fair and Independent Courts, and protect our Country,” Trump said.
The political scene is still charged as Biden continues to consider these important judicial reforms, with both parties preparing for the upcoming election cycles and the long-term effects of any changes to the nation’s highest court.
