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Biden To Implement Supreme Court Term Limits
President Joe Biden is actively considering implementing term limits for U.S. Supreme Court justices and enforcing an ethics code through legislation, amid concerns over accountability, according to sources familiar with the discussions.
This would represent a significant shift for Biden, who previously chaired the Senate Judiciary Committee and has historically been reluctant to advocate for major judicial reforms. However, his stance has evolved since his presidency began, with Biden increasingly criticizing the Supreme Court for straying from what he views as conventional constitutional interpretation. This development was initially reported by The Washington Post.
Such reforms would need to pass through Congress, which may be challenging given the current political divide. Nevertheless, Biden’s initiative could energize his base, particularly in light of former President Donald Trump’s appointments, which have solidified a conservative majority in the court.
Biden is also contemplating a constitutional amendment to remove the broad immunity traditionally granted to presidents, sparked by claims from Trump regarding immunity from prosecution related to the events of January 6, 2021.
These proposals arise amid Democratic frustration over recent Supreme Court decisions that have reversed long-standing precedents on issues like abortion rights and federal regulatory authority, as well as ethical concerns raised about justices’ conduct, such as Justice Clarence Thomas accepting luxury trips from a Republican megadonor.
In a recent interview, Biden hinted at potential upcoming retirements within the Supreme Court, which could lead to more appointments if he remains in office. He emphasized the necessity of more Democrats in Congress to mitigate the court’s conservative tilt.
Biden disclosed in a conversation with the Congressional Progressive Caucus his collaboration with constitutional scholars on a major judicial initiative, signaling the need for support to bring these plans to fruition.
Public opinion appears supportive of some form of reform, with a significant majority favoring term limits or mandatory retirement ages for justices, per a 2022 AP-NORC poll. However, confidence in the Supreme Court remains low, with many viewing the justices as predominantly driven by ideology rather than impartiality.
The Supreme Court itself has taken steps towards ethical reform, adopting its first code of ethics last November, although it has been criticized for not introducing substantial changes.
Meanwhile, Republicans have long prioritized reshaping the judiciary, a strategy significantly advanced during Trump’s presidency. In contrast, Biden has focused on diversifying the judicial appointments during his term, which he frequently mentions as a key achievement in his reelection campaign.
Trump has responded critically to Biden’s proposed reforms, framing them as a political maneuver designed to influence the upcoming presidential election and undermine the judiciary, according to a statement on his Truth Social platform.