by Nolan Mckendry
President Joe Biden is considering formally supporting reforms to the Supreme Court, including the introduction of term limits for justices and an enforceable ethics code, the Washington Post reported.
Such reforms reflect increasing frustration among Democrats and Joe Biden’s supporters regarding recent controversies involving Justice Clarence Thomas and Justice Samuel Alito, as well as landmark rulings by the court’s conservative majority.
Biden is reportedly also contemplating a constitutional amendment to eliminate broad immunity for presidents and other constitutional officeholders.
“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,” Biden reportedly said during a recent call, according to a transcript obtained by The Washington Post.
The proposed reforms would require congressional approval, a significant hurdle given the current political landscape. With a Republican-controlled House and a narrow Democratic majority in the Senate, achieving the necessary 60 votes in the Senate appears daunting.
A constitutional amendment is even more challenging, requiring two-thirds support in both chambers or a convention of two-thirds of the states, followed by ratification from three-fourths of state legislatures.
The rumors are underscored by a June Supreme Court ruling that granted former President Donald Trump presumptive immunity from prosecution for official acts, making any conviction over the January 6th Capitol riot, or Trump’s efforts to acquire an alternate slate of electors, even more elusive.
“This decision today has continued the court’s attack in recent years on a wide range of long-established legal principles in our nation, from gutting voting rights and civil rights to taking away a woman’s right to choose, to today’s decision that undermines the rule of law of this nation,” Biden said following the ruling.
Since 2020, the Supreme Court’s approval has fallen under 50%, according to Gallup polls. Among the most salient controversies was the conservative majority’s 2022 reversal of Roe v. Wade.
Biden hinted at these forthcoming reforms during a call with members of the Congressional Progressive Caucus over the weekend, a source told CNN.
In response to criticism, the nine justices released an ethics code in November, but in the aftermath of recent rulings and further controversy the court’s critics, most of whom Democrats unhappy with losing the liberal majority, are unlikely to be satisfied.
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Nolan Mckendry is a contributor to The Center Square.
Photo “Joe Biden” by President Joe Biden. Background Photo “Supreme Court” by Supreme Court of the Unites States.