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Biden Unveils Ambitious Supreme Court Reform Plan, Facing Steep Odds

 July 30, 2024

Amid growing tensions and political divides, President Biden has made a bold move to redefine the structure and ethics of the U.S. Supreme Court.

President Biden's recent proposal aims to implement significant changes to the Supreme Court but faces substantial hurdles in a sharply divided Congress, Fox News reported.

On Monday morning, President Biden introduced a comprehensive plan to overhaul the highest court in the land. His proposal outlines several groundbreaking changes, including the introduction of term limits for Supreme Court justices, replacing their current lifetime appointments.

Understanding Constitutional Amendments and Court Ethics

The proposal doesn’t stop at term limits; it also advocates for an enforceable ethics code for justices. This code would require justices to disclose gifts, refrain from public political activities, and recuse themselves from cases where potential conflicts of interest arise.

Biden’s initiative includes a bold constitutional amendment called the "No One Is Above the Law Amendment." This Amendment aims to clarify that former presidents do not receive immunity from federal indictments, trials, convictions, or sentencing due to their former status.

To pass this Amendment, legislators must navigate a formidable process. The process requires a two-thirds majority in both the House of Representatives and the Senate, followed by ratification from three-fourths of the state legislatures or state conventions. Alternatively, two-thirds of the states can call for a convention to propose the Amendment.

A Deep Dive Into Supreme Court Term Limits

Biden’s suggestion to introduce term limits for Supreme Court justices mirrors historical actions, such as the 22nd Amendment that imposed term limits for the U.S. Presidency after Franklin D. Roosevelt’s four terms.

However, implementing such term limits for justices could spark legal controversies, as the Constitution does not specify this change within its existing framework.

The proposal suggests that enacting term limits without a constitutional amendment would likely require passing a Congressional law—an approach that could lead to legal battles and challenges.

If Congress chooses to pass a law to enforce the ethics code, it would need to secure a 60-vote approval to overcome any filibuster attempts in the Senate.

This approval is formidable, given the current political landscape marked by the thin divide between Democrats and Republicans in both chambers.

The Challenge of Bipartisan Support

Despite Biden’s efforts to persuade, the proposal requires bipartisan cooperation, which presents a challenge given the current political polarization.

Similar Democratic bills addressing Supreme Court ethics have not reached the Senate floor, revealing a cautious approach from senior Democratic leaders like Senator Chuck Schumer.

Moreover, the divided control and lack of Democratic trifectas among state governments increase the difficulty. This situation makes achieving consensus for a constitutional amendment extremely unlikely.

President Biden addressed these challenges in his official statement. He emphasized, "The Constitution doesn’t provide immunity to former presidents from federal indictments, trials, convictions, or sentencing because of their status as a previous president." This direct quote underscores the essence of his proposed "No One Is Above the Law Amendment."

Conclusion: The Uphill Battle for Supreme Court Reform

In summary, President Biden proposed an ambitious overhaul of the Supreme Court, including setting term limits for justices, enforcing a strict ethics code, and passing a constitutional amendment to ensure no former president is above the law.

Despite the transformative potential of these measures, Congress and state legislatures have not yet determined their successful enactment amidst sharp divisions.

The pathway forward requires a significant bipartisan effort, which seems unlikely in the current political climate. Historical context, legal challenges, and the need for a broader consensus all play a critical role in the fate of this extensive judicial reform endeavor.