President Biden on Monday proposed term limits and an enforceable code of ethics for the Supreme Court, saying he wants to “restore trust and accountability” at the high court, which has been criticized by the left for ethics concerns and the justices’ overturning of decades of precedent.
The president announced support through a press release early Monday for three changes for the nation’s highest bench: a constitutional amendment to permit presidents to be criminally prosecuted; 18-year term limits for justices as a president will appoint a new one every two years; and a code of ethics on the bench that requires justices to disclose gifts and recuse if they or their spouses have a conflict of interest.
He will discuss his changes later Monday during an appearance in Austin, Texas, according to The Associated Press.
“President Biden and Vice President [Kamala] Harris look forward to working with Congress and empowering the American people to prevent the abuse of Presidential power, restore faith in the Supreme Court, and strengthen the guardrails of democracy,” read the White House’s statement.
The changes, though, look like they would have little support from a divided Congress with just 99 days until the November election.
Ms. Harris, in a campaign press release, said the changes are needed because there is “a clear crisis of confidence facing the Supreme Court.”
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“These popular reforms will help to restore confidence in the Court, strengthen our democracy, and ensure no one is above the law,” Ms. Harris said.
A Marquette University poll in May revealed the approval rating for the Supreme Court was at 39%, its second lowest since 2020.
A spokesperson from the Supreme Court did not immediately respond to a request for comment.
Mr. Biden championed a Supreme Court committee when he first took office to reenvision the Supreme Court, which issued its report in 2021, but the president has done little with the committee’s recommendations until now as he readies to pass the torch to his vice president, who is campaigning for Democrats’ reelection to the White House.
“I have great respect for our institutions and separation of powers,” Mr. Biden wrote in an op-ed with The Washington Post. “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.”
Mr. Biden and Ms. Harris are hoping to tap into their base’s frustration with the 6-3 conservative majority on the bench cemented by Mr. Biden’s predecessor, former President Donald Trump, who appointed three of the nine justices currently on the court.
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 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.
The left has also been outraged with the high court since 2022 when it overturned Roe v. Wade, a 1973 landmark ruling that had given women a national right to abortion. The overturning of decades of precedent giving women a national right to abortion outraged Democrats and is part of their 2024 platform as they reach out to voters.
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.
The last constitutional amendment, the 27th Amendment, focused on congressional pay and was adopted in 1992.
Historically, efforts to expand the court and add more justices have failed. In 1937, President Franklin D. Roosevelt tried to add justices to the court but was unsuccessful.
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.
Justice Thomas and Justice Alito have been accused in a series of articles of taking luxury trips with billionaires and not recusing from election- and Jan. 6-related cases in which their wives had expressed political support for Mr. Trump and his movement following the 2020 election.
Other Democratic lawmakers have pushed for the Justice Department to investigate Justice Thomas.
Senate Judiciary Committee Chairman Richard J. Durbin, Illinois Democrat, praised the president’s move. His committee has been probing the Supreme Court in recent years, passing legislation to impose an ethics code on the bench last year. The bill has been pending but would likely face backlash in the GOP-controlled House.
The committee is also planning a hearing in September over the justices’ ruling concerning presidential immunity, which many saw as a victory for Mr. Trump since it delays his criminal trials.
Mr. Durbin also said his panel has uncovered lavish gifts that went undisclosed to the justices and conflicts of interest.
“These episodes call into question the ability of justices to remain fair and impartial when these parties have interests before the Court. For instance, Justice Thomas’ spouse was on the payroll of political organizations seeking to overturn the 2020 election, yet Justice Thomas refused to recuse himself from cases on issues directly related to the January 6th insurrection. That includes the Supreme Court’s presidential immunity decision, which was wrongly decided and must be remedied,” Mr. Durbin said.
Republican Sen. Lindsey Graham of South Carolina said Democrats didn’t complain when a more liberal-leaning court “was pumping out opinions they liked.”
“Only when we brought constitutional balance back from having a conservative court was the court a threat to the country,” Mr. Graham told CBS’ “Face the Nation” on Sunday. “What’s been a threat to the country is an out-of-control liberal court issuing opinions that basically take over every phase of American life based on nine people’s judgment.”
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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