On July 29, President Joe Biden called for significant reforms of the U.S. Supreme Court. Biden criticized a recent court decision granting some immunity to presidents from criminal prosecution, aruging it would make them "a king before the law." He argued that this decision, along with others such as the changes to the Voting Rights Act and the overturning of Roe v. Wade, undermines long-established civil rights principles and protections.
Biden proposed a new constitutional amendment to explicitly apply the criminal code to presidents, emphasizing that no president should be above the law. He noted that no other former president had sought such immunity and none should have received it, declaring, "We are a nation of laws, not kings and dictators."
Credit: Supreme Court - Justices of the Supreme CourtIn addition to this amendment, Biden called for a binding code of conduct for Supreme Court justices and term limits. He pointed out that the United States is the only major constitutional democracy that grants lifetime appointments to its highest court justices. His term-limiting proposal suggests staggered 18-year terms for justices, starting with the next justice to leave the court.
Senate Republican Leader Mitch McConnell responded by labeling Biden’s proposed term limits for Supreme Court justices as “unconstitutional” and predicted they would be "dead on arrival" in Congress. McConnell argued that Democrats are attacking the Supreme Court because they disapprove of its current makeup and decisions, suggesting that the proper way to change the court's composition is through winning elections and appointing preferred justices.
Constitutional scholars assert that Biden's proposals, particularly term limits for Supreme Court justices, may face significant legal challenges. The Constitution provides for lifetime appointments for federal judges, and altering this would require a constitutional amendment. Constitutional amendments must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states. As Republicans hold a majority in the House of Representatives, there is an extremely high chance any proposed amendment would not pass.
Credit: Bloomberg - Supreme Court ProtestsSupporters of the current Supreme Court argue that recent decisions reflect a return to constitutional principles and states' rights. They believe that the overturning of Roe v. Wade, for example, allows states to determine their own policies on contentious issues, rather than imposing a federal mandate.
The debate over President Biden's proposed Supreme Court reforms highlights deep divisions in American politics. While Biden's supporters argue that these changes are necessary to uphold civil rights and ensure accountability, opponents contend that the proposals undermine the independence of the judiciary and reflect partisan dissatisfaction with recent court decisions. Moving forward, it is crucial for both sides to find common ground to preserve the integrity of the judiciary and strengthen democratic institutions for all Americans.