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Biden Weighs Major Supreme Court Reforms

 July 18, 2024

President Joe Biden is seriously considering proposing significant changes to the Supreme Court, including term limits and an enforceable ethics code for justices, and he is also is contemplating calling for a constitutional amendment to eliminate immunity for presidents and other constitutional officeholders.

The proposed changes have come in response to growing frustrations within the Democratic Party regarding some of the Supreme Court's recent decisions and ethics allegations involving Justice Clarence Thomas, as ABC News reports.

Legislation Proposals for Supreme Court Reforms

Biden's proposal includes legislation that would establish term limits for justices, a significant shift from the current lifetime appointments. This change aims to inject fresh perspectives into the Supreme Court and prevent prolonged influence by any single justice.

In addition to term limits, an enforceable ethics code for justices is also being considered. This measure seeks to address concerns over potential conflicts of interest and enhance the integrity of the Court. Recent controversies, notably involving Justice Clarence Thomas, have heightened calls for such reforms.

Constitutional Amendment Aims to Curb Immunity

President Biden is also evaluating the possibility of proposing a constitutional amendment to eliminate broad immunity for presidents and other constitutional officeholders. This amendment would hold these individuals more accountable and prevent misuse of power.

These potential changes are seen as a move to appeal to Biden's liberal base, which has been vocal about dissatisfaction with the Supreme Court's direction. The president's proposals come on the heels of several contentious decisions and ongoing ethical debates.

The Washington Post first reported the details of these plans, highlighting the president's proactive stance on initiating judicial reforms. However, the road to implementing these changes is fraught with challenges.

Legislative and Amendment Hurdles Ahead

Any proposed legislation to alter the structure or the ethical guidelines of the Supreme Court would require approval from Congress. Given the current political climate, garnering enough support may prove difficult.

Additionally, a constitutional amendment would face even steeper hurdles, requiring an extensive approval process involving both houses of Congress and ratification by the states.

During an interview with BET on Tuesday, President Biden discussed the potential ramifications of a future Trump presidency on the Supreme Court.

He expressed concerns that additional appointments by Trump could fundamentally reshape the Court's decisions for generations.

"There's gonna probably be two more appointments to the court," Biden noted. "There's probably two people gonna resign or resign, retire. Just imagine a court if he has two more appointments on that -- what that means forever."

Democratic Party's Response to Supreme Court

The Democratic Party's growing dissent stems from recent Supreme Court rulings and specific ethics issues. The controversy involving Justice Clarence Thomas has particularly galvanized support for Biden's proposed reforms.

The sentiment within the party underscores a broader frustration with perceived biases and ethical lapses in the Court. By addressing these issues through legislative and constitutional measures, Biden aims to restore confidence in the judicial system.

Bipartisan Challenges and Political Stakes

While Biden's proposals have garnered support from his liberal base, they are likely to face substantial opposition from Republican lawmakers and possibly some moderates. The political stakes are high, as any changes to the Supreme Court could have long-lasting implications for the balance of power in the U.S. government.

Biden's consideration of these reforms is a strategic move to channel the Democratic Party's concerns into concrete actions. However, the success of these proposals will depend on the political landscape and the ability to build bipartisan support.

In conclusion, President Joe Biden's contemplation of Supreme Court reforms, including term limits and an enforceable ethics code for justices, alongside a potential constitutional amendment to eliminate immunity for high officeholders, represents a significant response to persistent disparities and ethical concerns.

These proposed changes will require meticulous navigation through legislative and constitutional hurdles in Congress. The outcome of these proposals will play a critical role in shaping the future direction of the U.S. Supreme Court and addressing the accountability of constitutional officeholders.