By Mary Jones | Tuesday, July 30, 2024 | 8 min read
President Joe Biden called for significant Supreme Court reforms on Monday, marking a rare move by a sitting president to advocate for substantial changes to the nation’s highest court. Speaking in Austin, Texas, Biden expressed his respect for the constitutional institutions and separation of powers but criticized the current functioning of the Supreme Court, stating, “What’s happening now is not consistent with that doctrine of separation of powers.”
Biden’s proposals include a constitutional amendment to remove presidential immunity for crimes committed while in office, imposing term limits for Supreme Court justices, and establishing a binding code of conduct for the high court. Although these proposals face slim chances in a divided Congress, they aim to energize the Democratic Party’s progressive base ahead of the upcoming election. Vice President Kamala Harris, the presumptive Democratic presidential nominee, quickly endorsed these changes, which come amid growing public dissatisfaction with the Supreme Court.
Biden called for Supreme Court reforms at an event commemorating the Civil Rights Act, following a landmark Supreme Court decision granting presidents full immunity for certain actions taken while in office. This announcement also comes in the wake of revelations about justices accepting vacations and gifts from wealthy conservative donors.
Democrats have pointed to the Supreme Court’s conservative majority, solidified during former President Donald Trump’s tenure, to emphasize the high stakes of the 2024 election. Biden reiterated this argument on Monday, praising Vice President Kamala Harris for her commitment to the cause.
“In recent years, extreme opinions that the Supreme Court has handed down have undermined long-established civil rights principles and protections,” Biden stated, citing recent controversial cases, including the 2022 decision overturning Roe v. Wade and the recent immunity decision. His proposals, while unlikely to pass in a divided Congress, are intended to rally the Democratic Party’s progressive base.
He criticized the recent Supreme Court ruling granting presidents full immunity for certain actions taken while in office, arguing it effectively allows a president to “flout” the law without facing consequences.
Biden proposed a constitutional amendment called the “No One Is Above the Law Amendment,” which would clarify that the Constitution “does not confer any immunity from federal criminal indictment, trial, conviction, or sentencing by virtue of previously serving as President.” He affirmed, “I share our Founders’ belief that the president must answer to the law.”
Former President Donald Trump criticized Biden’s proposals on Fox News, claiming, “He desperately wants immunity. There’s no way he would write off immunity for a president.”
In addition to this amendment, Biden called for term limits for Supreme Court justices, who currently serve lifetime appointments. He argued that term limits would make the nomination process “more predictable and less arbitrary.” These reforms, while unlikely to pass in a divided Congress, are designed to energize the Democratic Party’s progressive base ahead of the 2024 election.
President Joe Biden’s proposed Supreme Court reforms would require congressional approval, a challenging feat given the Republican control of the House and the slim Democratic majority in the Senate. The constitutional amendment, in particular, faces a nearly insurmountable process requiring state approval.
White House officials, while acknowledging the difficulty, have remained hopeful. Steve Benjamin, the White House director of public engagement, emphasized that legislative action is needed and expressed optimism that voters could influence their representatives.
CNN reported earlier this month that Biden was seriously considering endorsing significant Supreme Court reforms, an initiative strongly supported by liberal lawmakers and advocacy groups in recent years.
Biden’s proposals received immediate backlash from Republicans, including House Speaker Mike Johnson, who asserted that the reforms would not advance in the House if Republicans retain control. Johnson criticized the proposals, suggesting they stem from Democrats’ dissatisfaction with recent Supreme Court decisions, and declared the initiative “dead on arrival in the House.”
In a statement preceding Biden’s announcement, the President underscored the necessity of these reforms, stating, “No one is above the law.” He highlighted the importance of his proposed “No One Is Above the Law Amendment,” which would eliminate presidential immunity from federal criminal indictment and prosecution.
Biden also advocated for term limits for Supreme Court justices to ensure a more predictable and less arbitrary nomination process. Despite the anticipated legislative hurdles, these proposals aim to galvanize the Democratic Party’s progressive base as the 2024 election approaches.
President Joe Biden responded to House Speaker Mike Johnson’s assertion that his proposed Supreme Court reforms were “dead on arrival” by saying he believed the speaker’s “thinking is dead on arrival.”
Senate Minority Leader Mitch McConnell defended the Supreme Court in a Senate floor speech, accusing Biden and Vice President Kamala Harris of attacking the justices instead of accepting their rulings. McConnell described the situation as “the Supreme Court is under attack.”
Leonard Leo, a conservative legal advocate associated with several ethics controversies involving the court, also criticized Biden’s proposals. In a rare statement, Leo said, “No conservative justice has made any decision in any big case that surprised anyone, so let’s stop pretending this is about undue influence. It’s about Democrats destroying a court they don’t agree with.”
Leo, co-chairman of the influential Federalist Society, was subpoenaed by Senate Democrats in April. The Senate Judiciary Committee is investigating whether specific individuals and groups have used undisclosed gifts to influence the justices. Leo called the subpoena “unlawful” and “politically motivated” and told CNN he was “not capitulating” to the request.
Biden’s proposals include the “No One Is Above the Law Amendment” to remove presidential immunity from federal criminal indictment and prosecution and imposing term limits for Supreme Court justices. These measures are intended to address recent controversial court decisions and ethical concerns but face significant challenges in Congress.
Some individuals and lawmakers have praised the Biden administration’s proposed Supreme Court reforms. Senator Sheldon Whitehouse, a Rhode Island Democrat and Judiciary Committee member who has introduced legislation to tighten court ethics rules, described Biden’s announcement as a “strong” proposal. “This court has proven time after time that it cannot police itself,” Whitehouse said.
Senate Judiciary Chairman Dick Durbin acknowledged the slim chances of passing court ethics legislation but noted that they are urging Democratic Majority Leader Chuck Schumer to bring up Whitehouse’s bill before the year’s end.
Biden’s announcement follows more than three years after he created a commission to study structural changes at the Supreme Court, including term limits and proposals to increase the number of justices. The commission submitted its report in late 2021, but the administration did not pursue the ideas discussed in the document.
The debate over Supreme Court structural changes has become deeply partisan, with Republicans widely opposed. However, the issue has gained renewed attention following reports in May about controversial flags hoisted on properties owned by conservative Justice Samuel Alito, which were previously flown by rioters during the January 6, 2021, attack on the US Capitol. Alito has denied any connection to the incident, stating his wife hoisted the flags for different reasons, including a dispute with neighbors.
Additionally, the Supreme Court has issued several controversial decisions this summer, including a 6-3 ruling granting Trump broad immunity from criminal prosecution for his efforts to overturn the 2020 election results, which has drawn sharp criticism from the left.
Last year, the Supreme Court adopted its own code of conduct, but it faced criticism from ethics experts due to the lack of an enforcement mechanism. Liberal Justice Elena Kagan defended the code in remarks last week but acknowledged it would be more effective if it included a way to enforce its requirements.
Biden’s proposal comes at a time when public support for the court is near historic lows. A Marquette Law School poll in May found that 61% of Americans disapprove of the court’s performance, a stark contrast to four years ago when the court had a 66% approval rating. Democrats have sought to leverage this public disapproval, particularly following the court’s 2022 ruling overturning Roe v. Wade, to galvanize voters.
Vice President Kamala Harris endorsed the proposed changes, stating they would “restore confidence in the Court, strengthen our democracy, and ensure no one is above the law.” Harris emphasized the “clear crisis of confidence” facing the Supreme Court due to numerous ethics scandals and decisions overturning long-standing precedents. She highlighted the importance of trust in the Supreme Court for achieving equal justice under the law.
White House press secretary Karine Jean-Pierre noted Harris’s close involvement in the proposal, citing her expertise as a former Senate Judiciary Committee member and former attorney general.
President Biden, who has historically resisted calls from his party to expand the court, has grown increasingly critical of its current composition. He has described the Supreme Court as “out of kilter” and warned of the potential impact of a second Trump presidency on the court.
Biden made his proposal at the Lyndon B. Johnson Presidential Library, marking his first trip since announcing he would not run in the 2024 race. He used the occasion to celebrate the 60th anniversary of the Civil Rights Act, highlighting the legacy of President Johnson, who also ended his reelection bid in 1968.
