Joe Biden, the US President, proposed some changes to the dominantly conservative US Supreme Court on Monday in his attempt to “restore faith” in it.
During a speech in Austin Texas on the 60th anniversary of the Civil Rights Act, Joe Biden pointed out how “extremism” has “undermined public trust in court decisions.”
This article proposes an 18-year term limit for Supreme Court justices and a binding code of conduct. It also suggests amending the constitution to limit presidential immunity.
The measures are unlikely to pass with Congress closely divided and only 99 days left until the November 2024 U.S. presidential election campaign ends.
“No one is above the law”
Biden felt that recent Supreme Court decisions – including one that reversed Roe v. Wade, another that weakened Voting Rights Act, as well as one relating to affirmative action used by universities – have eroded public confidence in this institution.
Earlier in July, it was decided by a majority of Supreme Court Justices that former president Donald Trump enjoyed immunity from prosecution for anything he did while on duty as president.
Now he is using this ruling to challenge his recent criminal conviction for hush money paid to a porn star and other ongoing cases against him.
Speaking about ruling giving presidents broad immunity from prosecution after leaving office Joe Biden said: “This country was founded upon no kings ever being allowed in America we are all equal under law no exceptions.”
He added that such decision allows any sitting President of USA avoid responsibilities even if he or she violates laws.
The idea here is constitutional amendment which clarifies that ex-presidents do not possess federal criminal indictment yet arrest-trial-conviction-sentencing immunity according to Biden’s Texas op-ed published yesterday.
“This nation was founded on a simple yet profound principle: No one is above the law,” Joe Biden wrote ahead of his speech today in Texas via an op-ed column in The Washington Post. “Not the president of the United States. Not a justice on the Supreme Court of the United States. No one.”
“How does it feel to have your personal freedoms impacted by decisions that leave you confused, angry, and questioning what happened? That is not normal,” he said.
Why were those reforms suggested?
At present, the top court has six conservative justices out of nine sitting there. Within Donald Trump’s presidency, three judges got nominated for this institution.
On 2022, it shocked the world by overturning Roe v Wade in America which had been at the basis of federal abortion rights since 1973. There are also other decisions that blocked Biden’s immigration plans; student loans; vaccine mandates and climate change objectives.
Earlier this year, it significantly curtailed powers of federal agencies. In early July, the court ruled in favor of Republican presidential nominee Trump’s immunity claims, under the pretext of being an ex-president.
Republicans oppose reforms
A poll carried out in August 2023 showed that most Americans favored certain age limits for Supreme Court Justices. Two-thirds believed they should retire at some specific point.
The Biden’s plan was also backed by Kamala Harris, the probable contender for the Democrat Party. The Senator made this statement to express her belief that these reforms were necessary because she claimed “the Supreme Court is in a bind.”
However, it is very unlikely that these proposed amendments would pass through Congress easily. Republican House Speaker Mike Johnson even called them “dead on arrival”.
Trump has dismissed the move as ‘‘going nowhere.’’ As he put it during an interview on Monday.
Joe Biden, on his part, said he will “figure out a way” to get it done.