President Joe Biden is weighing a series of proposals aimed at drastically reforming the Supreme Court, including imposing term limits and establishing an enforceable code of ethics, according to a person familiar with the matter.
Biden also discussed the need for a constitutional amendment to limit the immunity of presidents and some other office holders, in response to the court’s ruling last month that presidents should be protected from criminal prosecution for a range of official acts.
The proposals are not yet finalized, said the person, who was granted anonymity to discuss private deliberations. But Biden previewed the move during a conference call last week with progressive lawmakers, promising a “major initiative” to reform the court, and an official announcement could come in a matter of weeks.
Establishing term limits and an ethics code would require congressional approval, including 60 votes in the Senate, likely posing a difficult path to approval even if Biden is reelected and Democrats control both chambers of Congress next year. A constitutional change would face an even higher bar, requiring the support of two-thirds of both chambers of Congress or a convention called by two-thirds of the states, as well as the approval of three-quarters of the state legislatures.
The Washington Post first reported Biden’s consideration of judicial reforms.
Proposing the package, however, would mark a significant shift for Biden, after rejecting calls for years to reform the Supreme Court. And it could help rebuild support among progressive Democrats, many of whom remain skeptical that he can be re-elected after a faltering debate performance last month.
Former chairman of the Senate Judiciary Committee, Biden during the 2020 presidential campaign rejected a push from liberals to endorse court expansion. Instead, he created a commission to study possible changes — but has not taken action since the report was published in late 2021.
However, in the second half of his term, Biden took more sharp aim at the court in response to a series of rulings by its conservative majority that gutted abortion protections, blocked gun safety measures, eliminated affirmative action and rolled back other rights. .
The court’s presidential immunity ruling, however, was cited earlier this week as the basis for dismissing a criminal case against Donald Trump over his handling of classified documents.
“I think the Supreme Court made a terrible decision,” Biden said during an interview with NBC News on Monday. “I would say that if you look at the constitutional studies that have been researched, they seem to be out of step with what the founders intended.”
Justices Clarence Thomas and Samuel Alito were also involved in personal ethics scandals. Thomas was the subject of extensive reporting last year about his inability to disclose lavish gifts and trips, and about his close ties to wealthy Republican donors. Alito flew flags outside his homes associated with the January 6 insurrection.
These episodes have further intensified scrutiny of the court, whose members are appointed to lifetime terms, and spurred new rounds of calls for reform from Democratic lawmakers representing all corners of the party.
