President Joe Biden is reportedly exploring proposals to introduce term limits for U.S. Supreme Court justices and establish an enforceable ethics code, as per sources familiar with the plans. This potential move signifies a significant departure for Biden, who has historically resisted calls for high court reform but has recently expressed concerns about the court's departure from mainstream constitutional interpretation.
Any changes to the Supreme Court structure would necessitate congressional approval, which may be challenging in the current divided Congress. Biden's push for reforms could energize his supporters, especially in light of former President Trump's successful appointments of three conservative justices.
In addition to term limits, Biden is contemplating advocating for a constitutional amendment to eliminate broad presidential immunity granted by the court. This consideration follows Trump's claim of immunity for his actions during the Capitol riot on January 6, 2021.
The proposals are a response to mounting Democratic discontent over recent Supreme Court decisions that overturned longstanding precedents on issues like abortion rights and federal regulatory authority. Concerns about the justices' ethics have also surfaced, including revelations about Justice Clarence Thomas accepting luxury trips from a GOP donor.
Biden hinted at potential upcoming Supreme Court vacancies during an interview, attributing the court's conservative shift to Trump's appointments. He emphasized the importance of countering the court's leanings by appointing more Democrats to Congress and the White House.
Recent polls indicate that a majority of Americans support term limits or a mandatory retirement age for Supreme Court justices. Confidence in the court remains low, with many perceiving the justices as ideologically driven rather than impartial.
While the Supreme Court recently adopted a code of ethics, critics argue that it lacks teeth and relies on individual justices for compliance. Republicans have historically prioritized reshaping the judiciary, a strategy that proved successful under Trump's administration.
Biden's focus on judicial nominations has resulted in a record number of diverse appointments to the judiciary. However, Democrats are urging him to pursue further reforms to address concerns about the Supreme Court's composition and conduct.
Trump criticized the potential reforms, accusing Democrats of undermining the justice system and interfering in the presidential election. The debate over Supreme Court reform is likely to intensify as Biden navigates the complex landscape of judicial politics.