President’s Proposals Could Include Term Limits and Code of Ethics for Justices
President Joe Biden is contemplating significant legislative reforms to the US Supreme Court, including the introduction of term limits for justices and the establishment of an enforceable code of ethics. While the proposals are under active discussion and may be unveiled soon, they would require congressional approval, a process that is expected to face considerable challenges given the Republican-controlled House and the slim Democratic majority in the Senate.
Biden is also considering advocating for a constitutional amendment to limit presidential immunity, a stance supported by the conservative majority on the court after a ruling in 2024. Such an amendment would need substantial support, including two-thirds of votes in Congress or at a convention called by two-thirds of the states, and then ratification by three-fourths of state legislatures.
While Biden had previously resisted progressive calls for Supreme Court reforms, including packing the court with additional justices, recent controversial decisions by the court, such as overturning Roe v. Wade and blocking key gun control measures, have reignited discussions on the court’s influence. Biden’s proposals are expected to resonate with his progressive supporters, particularly as the nation approaches the 2024 election.
Biden has been consulting constitutional scholars, including Professor Laurence H. Tribe, who emphasized the urgency of initiating reforms despite the inherent challenges. Public opinion polls suggest strong support for term limits and an ethics code for the justices.