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US President Joe Biden has unveiled a sweeping proposal to reform the Supreme Court, urging lawmakers to establish term limits and create an ethics code “to restore trust and accountability” among its nine justices. In recent years, the conservative-leaning court has become a political battleground, with its nine unelected justices, who serve for life, playing a significant role in American life on issues ranging from abortion to the environment.
Mr. Biden has also urged lawmakers to pass a constitutional amendment limiting presidential immunity, aiming to reverse a recent Supreme Court decision. However, efforts to reform the court are unlikely to pass the US Congress.
Democrats hope that advocating for reform will help galvanize voters ahead of the November 2024 election. The Supreme Court has decided several historic cases in the last two years, beginning with the decision to end the constitutional right to abortion in June 2022. Additionally, the Court has faced allegations of judicial ethics violations, particularly after journalists investigated Justice Clarence Thomas for failing to report gifts.
In an opinion piece published in the Washington Post on Monday morning, 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 in the Post. “We now stand in a breach.”
To address these concerns, Mr. Biden has proposed ending lifetime appointments to the court. He believes that sitting presidents should appoint a new justice every two years, with each justice serving an 18-year term. Reform advocates have previously suggested that implementing staggered 18-year term limits would help depoliticize the court and make it more balanced and representative of the population.
Additionally, Mr. Biden is urging Congress to establish a new code of ethics that would require justices to disclose gifts and avoid overt political activities. Although the court released a code of ethics for the first time in its history last year, the code lacks an enforcement mechanism.
“Every other federal judge is bound by an enforceable code of conduct,” the president wrote. “There is no reason for the Supreme Court to be exempt.”
Lastly, Mr. Biden hopes to pass an amendment to the US Constitution that would overturn the 1 July ruling in which the Supreme Court determined that Donald Trump and other former presidents are immune from criminal prosecution. In this controversial ruling, the court’s justices concluded that a president has immunity for “official acts” but is not immune from “unofficial acts.”
In his opinion piece, Mr Biden said that the proposed amendment – which he has dubbed the “No One is Above the Law” amendment” – 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 resisted efforts to reform the court.
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