In an op-ed published by The Washington Post, President Biden called for U.S. Supreme Court (SCOTUS) reforms and a constitutional amendment in response to the recent SCOTUS ruling on presidential immunity. Although Biden said he respected the separation of powers doctrine, he called for extensive restructuring of SCOTUS, stating:
I served as a U.S. senator for 36 years, including as chairman and ranking member of the Judiciary Committee. I have overseen more Supreme Court nominations as senator, vice president and president than anyone living today. I have great respect for our institutions and the separation of powers…. That’s why — in the face of increasing threats to America’s democratic institutions — I am calling for three bold reforms to restore trust and accountability to the court and our democracy.
Biden called for a constitutional amendment that would remove presidential immunity for actions in office, stating:
First, I am calling for a constitutional amendment called the No One Is Above the Law Amendment. It 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. We are a nation of laws — not of kings or dictators.
Biden also called for 18-year SCOTUS term limits, with a new justice being appointed every two years, stating:
Second, we have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the court’s membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come. I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court.
In response to accusations of ethics violations against Associate Justices Clarence Thomas and Samuel Alito, Biden called for a “binding code of conduct,” stating:
Third, I’m calling for a binding code of conduct for the Supreme Court. This is common sense. The court’s current voluntary ethics code is weak and self-enforced. Justices should be required to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. Every other federal judge is bound by an enforceable code of conduct, and there is no reason for the Supreme Court to be exempt.
