President Joe Biden is set to announce a significant proposal for reforming the US Supreme Court on Monday, according to sources familiar with the plan. This marks a notable shift for Biden, who had previously resisted calls for changes to the high court. The proposal, as reported by Politico, is expected to include recommendations for implementing term limits for Supreme Court justices and establishing a mandatory code of ethics.
Biden will also advocate for a constitutional amendment to limit presidential immunity, responding to the Supreme Court’s July 1 ruling that protects presidents from prosecution for “official acts” performed while in office. This ruling stemmed from a case involving former President Donald Trump.
While details of the proposal are not yet fully clear and may be subject to change, according to sources speaking on condition of anonymity, Biden is anticipated to unveil the proposal during a visit to Texas.
The White House has not commented directly on the proposal, but Press Secretary Karine Jean-Pierre reiterated Biden’s belief in the need for transparency, accountability, and high ethical standards for those in high office.
The proposal comes amid Biden’s growing criticism of the Supreme Court and its decisions, which include the overturning of federal abortion rights, the reduction of affirmative action in higher education, and the blocking of stricter gun regulations. Justices Clarence Thomas and Samuel Alito have faced scrutiny over their conduct, including issues related to undisclosed gifts and controversial personal actions.
Biden had previously announced that he would not seek a second term and had endorsed Vice President Kamala Harris as his successor. In a recent Oval Office address, Biden stressed the importance of Supreme Court reform for the health of American democracy.
Implementing term limits and an ethics code would likely require new legislation. Given the current divided Congress, this is not expected to be addressed before the end of the year. Additionally, achieving a constitutional amendment would require significant legislative support, including a two-thirds majority in both chambers of Congress and approval from three-fourths of state legislatures.