Biden Joins Chorus of Democrats Calling for Reform in the US Supreme Court
President Biden on Monday voiced his support for a series of measures that would dramatically reform the U.S. Supreme Court, including a proposal to establish term limits and an enforceable ethics code.
Biden’s op-ed in the Washington Post marks his most direct push to date for reforming the U.S. Supreme Court, as Democrats have largely failed to advance proposals that would create a stronger ethics code and expand the court.
While Biden can call on Congress to pass such measures, he cannot unilaterally alter the Court. It’s ultimately up to Congress to pass the measures Biden is advocating for, as the legislative body has substantial authority to regulate federal courts under the U.S. Constitution, including removing a justice or federal judge.
Biden touted three reforms for the high Court. The first is a constitutional amendment stating there is no immunity for crimes a former president committed in office — a direct rebuke to the Court’s ruling in Trump’s immunity case.
The second sets term limits for justices to ensure the court changes with some regularity. “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,” Biden wrote.
The third and perhaps most feasible reform is a “binding code of conduct for the Supreme Court.” This is something the Court itself did last November, after it issued a code of ethics agreed upon by all nine justices, following months of financial and ethical scandals tied to conservative Justices Samuel Alito and Clarence Thomas. But the code has no enforcement mechanism, prompting some legislators to introduce bills that would create a binding code.
Since then, Thomas’s financial conduct continues to raise concerns while Alito stirred more controversy in May after a New York Times report about right-wing flags being flown outside his household.
In June, a group of House Democrats introduced the “Supreme Court Ethics and Investigations Act,” which among other things would create an investigative body that reports to Congress and establish an ethics counsel to advise justices on ethics rules, including recusal and disclosure requirements.
But the legislation, like other SCOTUS reform proposals, has yet to advance to a committee, much less a full vote on the House or Senate floor.
Last week, Sen. Edward Markey, a Massachusetts Democrat, joined by advocates for court reform, announced he’s renewing his push for a measure that would expand the court by adding four seats, known as “court-packing.” But court-packing was notably absent from Biden’s list of reforms, and Biden has rebuffed calls to back an expansion of the court.
“I think the White House is well aware of where we are and what we think is the best, most direct and constitutional way” to reign in the court, Markey said at a press conference. Democracy Docket reached out to Markey’s office for further comment and will update this story as more information becomes available.