Biden criticizes Supreme Court as ‘extreme’ in its push for reform

Joe Biden has criticized the Supreme Court’s “extreme views” as he proposed sweeping reforms including eliminating lifetime appointments.

The proposals come after the conservative-dominated Supreme Court issued a series of landmark decisions, including striking down the constitutional right to abortion and granting presidents broad immunity from prosecution for “official acts.”

Mr. Biden has proposed 18-year terms for judges and an enforceable ethics code “to restore trust and accountability.”

However, he will face a difficult task in gaining congressional approval given Republican control of the House of Representatives.

Democrats hope that pushing for reforms can help galvanize voters ahead of the November election.

At the same time, the court has been plagued by allegations of judicial ethics violations, including after reporters investigated Justice Clarence Thomas for failing to report gifts.

The court’s nine justices serve for life under current rules, with new appointments made by the sitting president when a member retires or dies. Donald Trump appointed three justices during his four years in office.

In a speech Monday in Austin, Texas, Biden said the court’s “extreme opinions” have “undermined the law and established civil rights principles and protections.”

The president added that the court was “mired in an ethics crisis,” citing conflicts of interest among judges.

“I am certain that we need these reforms to restore confidence in the Court and preserve the system of checks and balances that is essential to our democracy,” he said.

The speech marked the 60th anniversary of the Civil Rights Act.

In an article published earlier today in the Washington Post, Mr. Biden said that “what is happening right now is not normal.”

“This undermines public confidence in the Court’s decisions, particularly those that impact individual freedoms,” he wrote. “We are now in a situation of violation.”

Mr. Biden has proposed that a new justice be appointed to the court every two years, for an 18-year term. Advocates of reform have previously suggested that such a staggered system would help depoliticize the court.

The president also wants Congress to establish a new ethics code that would require judges to disclose their gifts and avoid overt political activities.

Although the court issued a code of ethics for the first time in its history last year, it has no enforcement mechanism.

Finally, Mr. Biden hopes to pass an amendment to the U.S. Constitution that would overturn a July 1 decision by the Supreme Court that declared Donald Trump and other former presidents immune from criminal prosecution.

In the controversial decision, the court’s justices ruled that a president enjoys immunity for “official acts” but not for “unofficial acts.”

In his post, Mr Biden said the proposed amendment – ​​which he dubbed “No One Is Above the Law” – “would make clear that there is no immunity for crimes committed by a former president while in office.”

“I share our founders’ belief that the power of the president is limited, not absolute,” he wrote. “We are a nation of laws, not kings or dictators.”

Republicans have pushed back against efforts to reform the court.

In a statement released Monday, the Trump campaign accused President Biden and Vice President – ​​and presumptive Democratic nominee – Kamala Harris of working to “undermine the legitimacy” of the court.

“This is all part of Kamala’s plan to pack the Supreme Court with far-left, radical justices who will make decisions based on politics, now law,” Trump’s statement said.

On Sunday, South Carolina Senator Lindsey Graham told CBS, the BBC’s US partner, that Democrats had made no effort to do so while a group of more liberal justices “put out opinions that they liked.”

Earlier this month, Trump also described efforts to reform the court as an “illegal” and “unconstitutional” attack on the “sacred” institution.

“Democrats are attempting to interfere in our presidential election and destroy our judicial system by attacking their political opponent, myself, and our honorable Supreme Court,” he wrote.

“We must fight for our fair and independent courts and protect our country.”

Republican House Speaker Mike Johnson called the proposal “stillborn” in the House. In response, Mr. Biden said Mr. Johnson’s “thinking” was “stillborn.”

Republican senators also denounced Mr. Biden’s proposals, with Ted Cruz of Texas saying they constituted “an attack on the legitimacy of the court.”

Josh Hawley of Missouri said it was a “full-scale attack on the court” that would “destroy the institution.”

Massachusetts Democratic Sen. Elizabeth Warren said the reform bill puts the future of the Supreme Court “on the ballot” in November’s presidential election.

Professor Daniel Urman, who teaches law and public policy at Northeastern University in Boston, called the proposal “too little, too late.”

“It’s rare for lame-duck presidents to win major legislative victories, and even when they do, Republicans, who are happy with the current Supreme Court, control the House,” Professor Urman told the BBC.

“The interesting question is what (Vice President) Harris will do on this issue during the campaign,” he added. “Justice reform is quite popular, particularly term limits.”