WASHINGTON, USA: President Joe Biden is seriously considering endorsing significant reforms to the Supreme Court, potentially becoming the first sitting president in generations to advocate for such transformative changes.
According to sources familiar with the discussions, Biden’s primary focus is on implementing term limits for the nine justices, who currently hold lifetime appointments. Additionally, he plans to support an enforceable ethics code for the court, addressing the shortcomings of the code adopted last year.
Biden is also evaluating whether to push for a constitutional amendment to reverse a recent Supreme Court ruling that granted presidents immunity for certain actions taken while in office. This consideration comes after Biden hinted at major reforms during a call with members of the Congressional Progressive Caucus, revealing he was consulting with constitutional lawyers.
If enacted by Congress, these reforms would mark the most substantial changes to the Supreme Court in decades. Progressive groups have been advocating for such reforms, but Biden has previously taken a cautious approach, forming a commission to study potential changes early in his presidency. However, increased scrutiny of the court in 2023, following reports of ethical lapses among justices, has intensified calls for meaningful reform.
The proposed reforms would require congressional approval and the constitutional amendment would need ratification by 38 states, a challenging feat. The issue of lifetime appointments gained prominence with the 2020 death of Justice Ruth Bader Ginsburg, which allowed then-President Donald Trump to appoint his third justice, causing frustration among Democrats who wanted Ginsburg to retire during Barack Obama’s presidency.
The Supreme Court’s recent decision in Trump’s immunity case further fueled Democratic criticism. Although the decision allowed special counsel Jack Smith to proceed with his election subversion case against Trump, it left many questions unanswered, complicating the prospects of a trial before the November election. Justice Clarence Thomas’s concurrence in the case was also used by a Florida judge to dismiss the mishandling of classified documents case against Trump.
Public approval of the Supreme Court has plummeted in recent years, exacerbated by controversial rulings, such as the conservative majority’s 2022 reversal of Roe v. Wade, and ethical concerns involving justices like Clarence Thomas and Samuel Alito. Biden has highlighted the Roe decision and other rulings in his reelection campaign, warning of the implications of future Trump appointments to the bench.
In an interview with BET News, Biden emphasized the potential impact of additional Trump-appointed justices, predicting that at least two more appointments could occur if Trump returns to the presidency. This prospect has alarmed Democrats and progressive groups, who argue that court reform is essential to protect past achievements and ensure future progress.
Progressive court reform advocates welcomed Biden’s anticipated announcement. Sarah Lipton-Lubet, president of Take Back the Court, hailed the move as a crucial step toward restoring balance and independence to the judiciary. While acknowledging that ethics rules and term limits alone cannot fully address the court’s issues, Lipton-Lubet described the announcement as a significant milestone in the effort to reform the Supreme Court.
Overall, Biden’s potential endorsement of Supreme Court reforms signifies a major shift in his approach and underscores the growing urgency among Democrats to address perceived imbalances and ethical concerns within the nation’s highest court.
