President Joe Biden has unveiled a proposal aimed at reforming the U.S. Supreme Court, introducing measures to establish term limits and a code of ethics for the court’s nine justices. The proposal also includes a call for Congress to ratify a constitutional amendment to limit presidential immunity.
On Monday, the White House detailed Biden’s plan, which faces slim chances of passing through a closely divided Congress just 99 days before Election Day. Democrats hope the proposal will resonate with voters amid growing frustration over the court’s recent decisions and perceived ethical lapses among its justices.
In a Washington Post op-ed set to be published Monday, Biden wrote, “I have great respect for our institutions and separation of powers. 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.”
The proposal includes ending lifetime appointments for Supreme Court justices, suggesting an 18-year term limit with the sitting president appointing a new justice every two years. Biden argues that this would ensure regular changes in court membership and predictability in the nomination process.
Additionally, Biden calls for legislation to establish an ethics code for justices, requiring them to disclose gifts, avoid public political activities, and recuse themselves from cases with financial or other conflicts of interest. He also advocates for a constitutional amendment reversing the Supreme Court’s recent ruling that former presidents have broad immunity from prosecution.
This ruling delayed the Washington criminal case against former President Donald Trump, who faces charges related to efforts to overturn the 2020 election. The amendment, if passed, would aim to ensure accountability for presidential actions.
Trump has criticized the proposed court reform, claiming it is a desperate attempt by Democrats to influence the presidential election and undermine the justice system. “The Democrats are attempting to interfere in the Presidential Election, and destroy our Justice System, by attacking their Political Opponent, ME, and our Honorable Supreme Court,” Trump posted on Truth Social.
The ethics of the Supreme Court have come under scrutiny following revelations about justices’ relationships and financial dealings. Justice Clarence Thomas faced criticism for accepting luxury trips from a GOP megadonor, and Justice Sonia Sotomayor for her staff’s involvement in promoting her books. Justice Samuel Alito also faced calls to recuse himself from cases involving Trump after displaying controversial flags at his home.
Democrats hope Biden’s proposal will highlight recent controversial court decisions, including the 2022 ruling that removed constitutional protections for abortion. Senator Elizabeth Warren (D-MA) emphasized the importance of the issue in the upcoming election, stating, “When they vote in November, the Supreme Court is on the ballot.”
However, Republican Sen. Lindsey Graham (R-SC) countered that Democrats did not complain when the court issued liberal-leaning opinions. “Only when we brought constitutional balance back from having a conservative court was the court a threat to the country,” Graham said on CBS’ “Face the Nation.”
Biden’s proposal marks a significant shift from his previous reluctance to support court reform. Last week, he announced his intention to pursue these changes during his final months in office, calling it “critical to our democracy.”
Vice President Kamala Harris, who had previously expressed openness to court expansion during her 2020 presidential bid, did not respond to queries about her involvement in shaping the proposal or future court reform efforts.
The White House emphasized Biden and Harris’s commitment to working with Congress to prevent the abuse of presidential power, restore faith in the Supreme Court, and strengthen democracy’s guardrails.
