President Biden is planning to announce support for major changes to the Supreme Court, which was remade with a conservative majority by former President Donald Trump.
In the coming weeks, the president is expected to endorse legislation to impose term limits on the justices and to enforce an ethics code, according to The Washington Post, which also added that Mr. Biden could push for a constitutional amendment that would eliminate broad immunity for presidents.
The changes come as the justices wrapped up their 2023-2024 term earlier this month, which gave Mr. Trump some major victories — including rebuffing state challenges to eliminating his name from the 2024 ballot and giving him some protection from criminal prosecution.
“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 … I’ve been working with constitutional scholars for the last three months, and I need some help,” Mr. Biden reportedly told the Congressional Progressive Caucus.
A spokesperson from the White House did not immediately respond to a request for comment about the president’s reported comments and agenda.
The justices split ideologically earlier this month ruling that presidents enjoy absolute immunity from criminal prosecution for actions taken under their core presidential functions, presumed immunity for all official acts, and no immunity for nonofficial acts.
The challenge was brought by Mr. Trump, who argued he was immune from prosecution in the election fraud case brought by Special Counsel Jack Smith.
The 6-3 conservative majority’s ruling frustrated liberals as the decision delays the election fraud case and others up and down the East Coast pending against the former president as lower courts grapple with what charges are subject to immunity and which ones are not.
As president, Mr. Biden convened a commission to study the Supreme Court and potentially expand it by adding more liberal justices to the court to counter the current 6-3 conservative majority.
The final report issued at the end of 2021 revealed disagreement about whether Mr. Biden should move to expand the court, but the legal scholars suggested there may be some approval for an 18-year term limit for the justices.
The Constitution says a justice, appointed by the president and confirmed by the Senate, “shall hold their Offices during good Behaviour.” This means a justice may serve for life subject to impeachment.
Historically, efforts to expand the court and add more justices have failed.
The Supreme Court has had nine justices since 1869. Prior to that, it fluctuated in size from five to 10 justices. The Constitution does not set a number of justices for the high court.
Most recently, Democratic lawmakers such as Rep. Alexandria Ocasio-Cortez have moved to impeach Justices Clarence Thomas and Samuel A. Alito Jr. They also have pushed for a mandatory ethics code on the high court after reports surfaced critical of the two Republican appointees.
Last year, ProPublica published a series of articles critical of the justices — mainly Justice Thomas — accepting hospitality without disclosing it.
At the time, there was no requirement to disclose certain hospitality and gifts for the justices, but that changed in 2023 after the Judicial Conference updated its rules, extending them to the high court.
Justice Thomas and GOP megadonor Harlan Crow, who were at the center of ProPublica’s reporting, have defended their friendship and Mr. Crow has said he has not discussed Supreme Court business with Justice Thomas.
Democrats have also alleged Justice Thomas’ wife attended the Jan. 6 rally supporting Mr. Trump, and that Justice Alito flew flags outside his residence sympathetic with the “Stop the Steal” movement.
Both justices have denied any wrongdoing. Justice Thomas’ wife left the Jan. 6 rally before violence broke out at the U.S. Capitol.
The lawmakers had called for the two justices to recuse from cases related to the 2020 election, but both rebuffed those calls.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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