President Biden Calls for Reorganizing the Supreme Court

July 30, 2024

President Joe Biden proposed reforms to the U.S. Supreme Court, including implementing term limits for justices and overturning a recent court ruling on presidential immunity. Biden expressed concern over the court’s current state, suggesting that recent developments undermine public confidence in its decisions, particularly those affecting personal freedoms.

In his remarks at the Lyndon B. Johnson Presidential Library in Austin, Texas, President Biden advocated for 18-year terms for Supreme Court justices, allowing a new appointment every two years. Additionally, he supports establishing a binding code of ethics for the justices. This proposal aligns with legislative efforts by Senator Sheldon Whitehouse (D-RI), who has introduced bills on Supreme Court ethics and term limits for justices.

President Biden also backs a proposed constitutional amendment titled “No One Is Above the Law,” which clarifies that former presidents are not immune from federal criminal prosecution. This amendment seeks to counter the recent Supreme Court ruling in Trump v. United States, where the court held that Congress cannot criminalize actions taken by a President as part of their official duties.

The White House emphasized Biden’s long-standing experience with judicial confirmations and his commitment to strengthening American democracy and upholding the rule of law. Over the course of his career in the United States Senate, Biden voted on ten Supreme Court nominees. Five of those Justices were considered while Biden was the chair of the Senate Judiciary Committee.

It is unlikely that Capitol Hill will address these topics this year. When asked by reporters, Speaker Mike Johnson stated that the President’s proposal would not be considered by the House of Representatives, calling it an effort to “delegitimize the Court.”

You can read more about the White House announcement here.