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-Editorial
In a Monday address in Austin commemorating the 60th anniversary of the Civil Rights Act, President Joe Biden called for sweeping reforms of the U.S. Supreme Court, criticizing recent decisions that he argued have granted Presidents broad immunity from criminal prosecution.
Biden described this immunity as making a President “a king before the law,” and condemned it as a “fundamentally flawed and dangerous principle.” He linked this issue to a series of recent Supreme Court rulings, including those undermining the Voting Rights Act and overturning Roe v. Wade, which he said starkly contrast with the civil rights progress of the past.
“Extremism is undermining the public confidence in the court’s decisions,” Biden said. He added, “We can and must prevent abuse of presidential power and restore faith in the Supreme Court.”
President Biden has proposed a constitutional amendment to end presidential immunity for crimes committed while in office. This amendment, known as the No One Is Above the Law Amendment, aims to ensure that no President is above the law or immune from federal criminal prosecution. It would make clear that the Constitution does not provide immunity from criminal indictment, trial, conviction, or sentencing based on prior service as President.
In addition, Biden has called for term limits for Supreme Court Justices, similar to those established for the Presidency more than 75 years ago. His proposal includes appointing a new Justice every two years for an eighteen-year term. This change is intended to promote regular membership changes on the Court, make the nomination process more predictable, and mitigate the risk of undue influence from any single Presidency.
Furthermore, Biden has urged Congress to establish a binding code of conduct for the Supreme Court. This code would enforce ethics rules requiring Justices to disclose gifts, refrain from public political activity, and recuse themselves from cases involving financial or other conflicts of interest. This proposal aims to align Supreme Court Justices with the ethical standards that apply to other federal judges.
President Biden, alongside Vice President Kamala Harris, expressed eagerness to collaborate with Congress and the American people to safeguard democratic institutions. He also thanked the Presidential Commission on the Supreme Court for its analysis of reform proposals and vowed to continue efforts to ensure that the rule of law prevails and that democratic principles are upheld.
The final report, submitted to President Biden on December 7, 2021, with unanimous approval, reviewed the history and legal significance of various Supreme Court issues but did not support any structural changes. While generally supportive of allowing TV cameras in the courtroom, it did not address term limits or expanding the court. Biden had not requested recommendations from the commission and did not commit to a specific timeline for reviewing the report, leading to criticism that it was not seriously intended to improve the institution. Some progressive commission members indicated that their approval was for submitting the report to Biden, not for retaining the status quo. As of 2024, no legal reforms have resulted from the commission.
