Joe Biden has criticized the “extreme opinions” of the Supreme Court while proposing sweeping reforms, including the elimination of life appointments for justices. These proposals follow a series of significant decisions by the current conservative-dominated court, which included overturning the constitutional right to abortion and granting presidents extensive immunity from prosecution for “official acts.”
Biden has suggested implementing an 18-year term for justices and establishing an enforceable ethics code to “restore trust and accountability.” However, he faces challenges in securing Congressional approval due to Republican control of the House of Representatives.
Democrats hope that advocating for reform can energize voters ahead of the November elections.
Additionally, the court has faced scrutiny over allegations of judicial ethics violations, particularly following investigations into Justice Clarence Thomas for failing to report gifts. Currently, the nine justices serve for life, with new appointments made by the sitting president when a justice retires or passes away.
During his four years in office, Donald Trump appointed three justices.
In a speech on Monday in Austin, Texas, Biden stated that the “extreme opinions” issued by the court “have undermined law and established civil rights principles and protections.” He also mentioned that the court is “mired in a crisis of ethics,” highlighting conflicts of interest among justices.
“I’m certain we need these reforms to restore trust in the court, preserve the system of checks and balances that are vital to our democracy,” he said.
The speech marked the 60th anniversary of the Civil Rights Act.
In an article published earlier in the day in the Washington Post, Mr Biden said that “what is happening now is not normal”.
“It undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms,” he wrote. “We now stand in a breach.”
Mr. Biden has proposed a system in which a new justice would be appointed to the Supreme Court every two years, serving an 18-year term. Reform advocates have previously suggested that this staggered approach could help depoliticize the court.
The president also wants Congress to establish a new code of ethics that would require justices to disclose gifts and refrain from overt political activities. Although the court issued a code of ethics for the first time in its history last year, it lacks an enforcement mechanism.
Additionally, Mr. Biden aims to pass an amendment to the U.S. Constitution to overturn a July 1 ruling in which the Supreme Court determined that Donald Trump and other former presidents are immune from criminal prosecution. In that controversial ruling, the justices stated that a president has immunity for “official acts” but is not immune from “unofficial acts.”
In his article, Mr. Biden indicated that the proposed amendment, which he has labeled “No One is Above the Law,” would “make clear that there is no immunity for crimes a former president committed while in office.”
“I share our founders’ belief that the president’s power is limited, not absolute,” he wrote. “We are a nation of laws – not of kings or dictators”.
Republicans have pushed back on efforts to reform the court.
In a Monday statement, the Trump campaign accused President Biden and vice president – and presumptive Democratic nominee – Kamala Harris of working to “undermine the legitimacy” of the court.
“It’s all part of Kamala’s scheme to pack the Supreme Court with far-left, radical judges who will render decisions based on politics, now the law,” the Trump statement said.
On Sunday, South Carolina Senator Lindsey Graham told CBS, the BBC’s US partner, that Democrats made no effort to do so when a more liberal-leaning group of justices were “pumping out opinions they liked.”
Earlier this month, Trump also described efforts to reform the court as an “illegal” and “unconstitutional” attack on the “sacred” institution.
“The Democrats are attempting to interfere in our presidential election, and destroy our justice system, by attacking their political opponent, me, and our honourable supreme court,” he wrote.
