Joe Biden is preparing to endorse significant reforms to the Supreme Court in the coming weeks. According to two individuals familiar with the plans, the proposals include legislation for establishing term limits for justices and creating an enforceable ethics code.
Biden is also considering advocating for a constitutional amendment to eliminate broad immunity for presidents and other high-ranking officials, according to these sources.
This marks a notable shift for Biden, who has historically been resistant to major changes to the Supreme Court, despite previously serving as chair of the Senate Judiciary Committee. The move comes in response to growing dissatisfaction among his supporters following recent ethics scandals involving Justice Clarence Thomas and controversial decisions by the court's new conservative majority, particularly on issues like abortion and federal regulatory powers.
Biden hinted at this change during a Zoom call with the Congressional Progressive Caucus on Saturday. The proposed term limits and ethics code would require congressional approval, a challenging feat given the Republican-controlled House and the narrow Democratic majority in the Senate. Current Senate rules require 60 votes for passage, while a constitutional amendment would need two-thirds support in both chambers or a convention of two-thirds of the states, followed by approval from three-fourths of state legislatures.
Details of Biden's proposed reforms remain undisclosed, and a White House spokesperson declined to comment. Biden’s private discussions about these reforms occurred over two weeks after a lackluster debate performance against Trump on June 27, which led to some Democrats urging him to step down as the party's nominee. However, many liberals have rallied behind Biden, strongly supporting the calls to reform the court.
Four days after the debate, the Supreme Court ruled that Trump was immune from prosecution for official acts during his first term. Following this decision, Biden contacted Laurence Tribe, a constitutional law professor at Harvard, to discuss the ruling and potential court reforms. Biden and Tribe continued their discussions the following week, considering options such as term limits, an enforceable ethics code, and a constitutional amendment to address presidential immunity. Tribe confirmed the conversations but declined to elaborate.
During his 2020 campaign, Biden resisted calls from liberals to expand the court but promised to establish a commission to study potential changes. After his election, the commission produced a 294-page report in December 2021, but Biden has not acted on its recommendations.
On July 1, Biden condemned the court's ruling on presidential immunity, urging Americans to vote for his reelection.
Eight Democratic senators have co-sponsored a bill to establish 18-year terms for Supreme Court justices, with a new justice appointed every two years. This legislation, introduced by Sen. Sheldon Whitehouse (D-R.I.), has garnered support from senators Cory Booker (N.J.), Richard Blumenthal (Conn.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Peter Welch (Vt.), Brian Schatz (Hawaii), and Kirsten Gillibrand (N.Y.). Under the proposed bill, the nine most recently appointed justices would handle appellate jurisdiction cases, while others could hear original jurisdiction cases or serve as substitutes if one of the nine is unavailable.
Democrats have also introduced other legislation to address Supreme Court ethics concerns. A bill by Sen. Elizabeth Warren (D-Mass.) and Rep. Pramila Jayapal (D-Wash.) proposes capping gifts judges can receive, requiring the court to adhere to the judicial code of conduct, and mandating written recusal decisions upon request from litigants, among other changes.
