The News
US President Joe Biden has proposed a slew of changes to the Supreme Court, including a binding code of ethics, term limits for justices, and a constitutional amendment to limit the presidential immunity from prosecution the court established in its recent ruling on Donald Trump’s Jan. 6 case.
The proposals are unlikely to make it into law, but they represent a significant shift for Biden — he has historically been skeptical of past proposals on SCOTUS championed by others in his party.
“I have great respect for our institutions and separation of powers,” Biden wrote in an op-ed in The Washington Post. “What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms.”
SIGNALS
SCOTUS is under intense scrutiny
Biden’s push to revamp SCOTUS now is perhaps a direct response to Congress’ own scrutiny of the court, Axios noted, particularly after it emerged that Justice Clarence Thomas received free luxury trips from political donors, and Justice Samuel Alito was embroiled in two controversies for “provocative” flags flying outside his homes. A code of conduct for justices was introduced in November last year to clear the air of scandal around the court, but critics argued it didn’t go far enough, as it has no enforcement mechanism and lets justices decide whether to recuse themselves from cases they might have a conflict of interest in.
Proposals stand little chance now, but could play election role
Biden’s proposed ethics code and term limits don’t stand much of a chance of becoming law, Politico wrote. Even if Democrats control both chambers after the November election, it’s still unlikely the proposals would receive the 60 votes required to pass, and a constitutional amendment would face even greater hurdles. Yet the proposal could play a part in the election, NPR noted: SCOTUS changes poll well among important Democratic voter groups, and Kamala Harris, the party’s likely nominee, is fully onboard. She issued a statement Monday saying the changes “will help to restore confidence in the Court,” and “strengthen democracy.”
Biden steers clear of progressive calls for more justices
For Biden, this proposal represents a “momentous shift,” Politico noted. The president has a long history of opposing changes to the Supreme Court, and his move is “a long time coming for Democrats and progressives,” CNN noted. Many of the party’s key demographics lament SCOTUS’ seeming politicization and right-wing bent, which has manifested in rulings like the overturning of Roe v. Wade. However, Biden has refused to endorse a more progressive agenda item to expand the Supreme Court’s number of justices — and potentially dilute the influence of its current 6-3 conservative majority. The idea was hotly debated during the 2020 primaries, and it has come up again now after the court’s most recent rulings.