President Biden is expected to announce his support for changes to the U.S. Supreme Court, including term limits and a mandatory ethics code.
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Drew Angerer/Getty Images
President Biden is preparing to call for term limits and a code of ethics for U.S. Supreme Court justices, which would represent sweeping changes to the high court and how it operates.
The proposals are unlikely, because a constitutional amendment or congressional action — both of which would likely be required — are nearly impossible in the current political climate. But the plans themselves mark a sea change for Biden, who had previously resisted any changes to the court.
The proposals, first reported by the Washington Postconfirmed two sources who spoke on condition of anonymity because Biden’s plans are not yet final. One of the sources said they might not roll out for a few weeks.
Those ideas have been welcomed by ethics watchdogs. “The vast majority of the country, regardless of party, believes that judges should not serve for life but should be subject to basic oversight like Congress and the executive branch,” said Gabe Roth, executive director of Fix the Courts, a group that advocates for Supreme Court reform.
Supreme Court justices are appointed for life and can decide for themselves whether to abide by the court’s new ethics rules. Scrutiny of the court has intensified because of scandals involving Justice Clarence Thomas, who received free trips and gifts from a major conservative donor, and Justice Samuel Alito, whose wife flew two flags associated with the far-right movement loyal to former President Donald Trump.
Biden was pressed on this issue by progressives
With four months to go until the presidential election, Biden, who is tied statistically with Trump, is trying to woo the left wing of his party, which supports a Supreme Court overhaul — even though the White House believes the issue is well-received by independent voters, Republican voters and a large swath of important demographic groups.
On Saturday, Biden discussed his plans with a group of progressive lawmakers — one of a series of calls he has had with Democrats to shore up their support after freezing up during a debate last month with Trump, sparking questions about whether he should stay in his race for a second term.
Biden had planned to outline his thoughts on the Supreme Court in a speech in Austin at the LBJ Library on Monday. But that trip, timed to mark the 60th anniversary of the Civil Rights Act, was postponed after the assassination attempt on Trump.
He made the court a bigger part of his campaign message
Biden has increasingly stoked fears about the impact a second Trump term could have on the Supreme Court. In an interview with BET News taped Tuesday, Biden warned that two more justices would likely retire in the next four years. “Imagine if he had two more appointments to that position, what that would mean, forever,” Biden said in excerpts released by the network.
Conservatives have a 6-3 majority on the Supreme Court. Trump nominated three justices: Neil Gorsuch, Brett Kavanagh and Amy Coney Barrett, solidifying the conservative majority on the court.
At a star-studded fundraiser in Los Angeles on June 15, Biden referenced a recent report about Justice Alito, whose wife flew an upside-down American flag outside their home after some Trump supporters carried upside-down flags during the Jan. 6 Capitol riot.
“The idea that if he (Trump) gets reelected, he can appoint two more judges, waving flags upside down …,” Biden said, adding that it would be “one of the scariest things” about a second Trump term. He also said at a campaign rally in May that he would appoint “progressive judges” to fill vacancies.
In 2021, shortly after his inauguration, Biden established a presidential commission on the Supreme Court, fulfilling a campaign promise he made when repeatedly asked whether he would expand the Supreme Court to include justices more aligned with his worldview. Candidate Biden has said he opposes expanding the court but supports the kind of bipartisan commission the White House has established.
In December of that year, the panel, composed of legal eminences grises, issued a report that said Congress had the power to enlarge the Court, but it took no position on the matter. On term limits, it seemed to suggest that a constitutional amendment was probably necessary and noted the practical difficulties of implementing term limits when sitting justices are appointed to the Court for life.
News Source : www.npr.org
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