Biden lays out Supreme Court reform agenda for final days of presidency

President Joe Biden will unveil a comprehensive agenda on Monday to reform the Supreme Court in the final months of his presidency, according to a plan reviewed by the Washington Examiner.

Biden’s “bold” three-part proposal is designed to “restore trust and accountability when it comes to the Presidency and the United States Supreme Court,” according to a White House official. The president will make his case during remarks at the Lyndon Baines Johnson Library and Museum and in an op-ed with the Washington Post.

The plan contains three main features: A “No One Is Above the Law” constitutional amendment to state a former president does not have immunity for crimes carried out in office, term limits for Supreme Court justices, and a “binding” code of conduct for the high court.

The first comes in response to former President Donald Trump and his case of presidential immunity, which the Supreme Court ruled on July 1. Term limits are notable given that all three conservative justices Trump nominated during his presidency are still in their 50s. And a code of conduct follows concerns from high-profile Democrats that conservative justices lack impartiality.

The White House official described the timing of Biden’s proposal as coming “in the face of this crisis of confidence in America’s democratic institutions.” Biden will argue on Monday that the high court has “overturned long-established legal precedents protecting fundamental rights,” such as Roe v. Wade.

Many Democratic lawmakers, such as Rep. Alexandria Ocasio-Cortez (D-NY) and Sen. Elizabeth Warren (D-MA) have criticized the Supreme Court for, in their eyes, compromising democracy. Accusations of ethical violations have particularly been aimed at Justices Clarence Thomas and Samuel Alito. Ocasio-Cortez went so far as to file impeachment articles against the two justices.

The high court’s ruling that Trump may have some immunity from prosecution regarding actions he took after the 2020 election enraged Democrats even further.

Republicans, on the other hand, have accused Democrats of seeking to undermine the legitimacy of the court purely for political reasons since conservatives hold a 6-3 majority. Both Thomas and Alito, the former accused of ethic violations for accepting “gifts” from wealthy friends and not disclosing them and the latter facing criticism because flags associated with right-wing groups hung from his homes, have defended their impartiality and have not recused themselves from cases tied to Trump and Jan. 6.

Reports have circulated for weeks that Biden may take the step to try and reform the Supreme Court, beginning in the wake of his disastrous debate performance that ultimately precipitated his withdrawal from the top of his party’s presidential ticket.

Even some Republicans who have sided with Democrats in the past have questioned the constitutionality of a separate branch of government imposing rules on the Supreme Court.

“It’s a separate branch,” Sen. Mitt Romney (R-UT) told the Washington Examiner last week. “Keep the nose of Congress and the administration out of it.”

Without broad bipartisan support, Biden’s effort is more likely a campaign messaging effort than a legislative reality. Imposing term limits and an ethics code would face opposition in the GOP-led House. And while Democrats have a slim majority in the Senate, they do not hold the 60 votes required to advance sweeping legislation.

A constitutional amendment is an even steeper climb, requiring two-thirds support of both the House and Senate, plus backing from the states.

During a commemoration of the 60th anniversary of the Civil Rights Act on Monday at the LBJ Library in Austin, Texas, Biden nonetheless will outline his vision for how he’d like to change core principles of the Supreme Court. And in his op-ed releasing the same day, he plans to draw a connection between the presidency and the high court.

“This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No one,” Biden wrote, according to a preview of his words.

“I have overseen more Supreme Court nominations as senator, vice president and president than anyone living today,” he added. “I have great respect for our institutions and separation of powers. 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.”

Biden dropped his bid for reelection on Sunday, July 21, and shortly after, he endorsed his vice president, Kamala Harris, to take his place at the top of the ticket. In addition to the high-stakes presidential race, crucial contests for House and Senate seats have Republicans and Democrats campaigning in full force.

Democrats’ attempts to enact change in the Supreme Court looms over all of the 2024 elections.