Biden Unveils Plan for Supreme Court Changes, Amendment To Reverse Ruling on Presidential Immunity

Proposals appear to have little chance of being approved by a closely divided Congress with just 99 days to go before Election Day.

AP/Mark Schiefelbein, file
The Supreme Court on June 28, 2024. AP/Mark Schiefelbein, file

WASHINGTON — President Biden is unveiling a long-awaited proposal for changes at the Supreme Court, calling on Congress to establish term limits and an ethics code for the court’s nine justices. He also is pressing lawmakers to ratify a constitutional amendment that would limit presidential immunity.

The White House on Monday detailed the contours of Mr. Biden’s court proposal, one that appears to have little chance of being approved by a closely divided Congress with just 99 days to go before Election Day.

Still, Democrats hope it will help to focus voters as they consider their choices in a tight election. The likely Democratic nominee, Vice President Harris, has sought to frame her race against President Trump as “a choice between freedom and chaos.”

The White House is looking to tap into the growing outrage among Democrats about the court, which has a 6-3 conservative majority, issuing opinions that overturned landmark decisions on abortion rights and federal regulatory powers that stood for decades.

Liberals also have expressed dismay over disclosures about what they say are questionable relationships and decisions by some members of the conservative wing of the court that suggest their impartiality is compromised.

“I have great respect for our institutions and separation of powers,” Mr. Biden argues in a Washington Post op-ed set to be published Monday. “What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.”

The president planned to speak about his proposal later Monday during an address at the LBJ Presidential Library in Austin, Texas, to mark the 60th anniversary of the Civil Rights Act.

Mr. Biden is calling for doing away with lifetime appointments to the court. He says Congress should pass legislation to establish a system in which the sitting president would appoint a justice every two years to spend 18 years in service on the court.

He argues term limits would help ensure that court membership changes with some regularity and adds a measure of predictability to the nomination process.

He also wants Congress to pass legislation establishing a code of ethics for justices that would require justices 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.

Mr. Biden also is calling on Congress to pass a constitutional amendment reversing the Supreme Court’s recent landmark immunity ruling that determined former presidents have broad immunity from prosecution.

The decision extended the delay in the Washington criminal case against Trump on charges he plotted to overturn his 2020 presidential election loss and all but ended prospects the former president could be tried before the November election.

The last time Congress ratified an amendment to the Constitution was 32 years ago. The 27th Amendment, ratified in 1992, states that Congress can pass a bill changing the pay for members of the House and Senate, but such a change can’t take effect until after the next November elections are held for the House.

Trump has decried court reform as a desperate attempt by Democrats to “Play the Ref.”

“The Democrats are attempting to interfere in the Presidential Election, and destroy our Justice System, by attacking their Political Opponent, ME, and our Honorable Supreme Court. We have to fight for our Fair and Independent Courts, and protect our Country,” Trump posted on his Truth Social site earlier this month.

Associated Press


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