Which Supreme Court reforms is Biden planning to back?

President Joe Biden is planning to back monumental Supreme Court changes in the wake of outcry from those in his own party that the institution has leaned too far to the right with recent appointments.

The changes are expected to be significant and, if passed, will change the court in ways never seen before. If Biden could get them passed, it would likely be one of the most highlighted moments in his presidency.

Here’s a rundown of what Biden is proposing.

Term limits

Biden will call for term limits for Supreme Court justices in his proposal. That would vastly cut down on the typical time served for justices, who receive lifetime appointments once the Senate confirms them. At the national level, senators, presidents, and representatives serve terms of six, four, and two years, respectively.

It is unknown what limit Biden would seek to impose on the justices, but a bill brought by Sen. Alex Padilla (D-CA) in 2023 endorsed 18-year term limits and regular Supreme Court appointments by the president.

The matter is especially relevant for Democrats, given that conservatives hold a majority on the Supreme Court. There has been frustration within the party over that fact, and it will not soon change without a proposal such as limiting justices’ terms. Republicans will likely not be motivated to pass such a proposal.

Ethics code

Justice Clarence Thomas has faced significant criticism from the public over reports that he received gifts and trips from donors and that his wife, Virginia Thomas, supported efforts to overturn the 2020 election. Democratic attacks questioning the justice’s ethics have likely prompted Biden to propose an enforceable ethics code, though the specifics are unknown.

Sen. Elizabeth Warren (D-MA) and Rep. Pramila Jayapal (D-WA) introduced a bill in 2023 that would require all federal judges to disclose conflicts of interest, ban them from owning stocks, and “strengthen mechanisms for judicial accountability.”

Chief Justice John Roberts has promised the court would adopt and enforce an ethics code that is not imposed on it by Congress or the executive branch. Democratic senators have pressured Roberts several times to speak with them about a code, though he has rebuffed their requests.

Constitutional amendment against presidential immunity

Biden is also weighing whether to call for a constitutional amendment to “eliminate broad immunity for presidents and other constitutional officeholders.”

The amendment is in direct response to the Supreme Court’s recent ruling that former President Donald Trump could not be prosecuted for actions that were within his constitutional powers as president.

Justice Sonia Sotomayor said in her dissent that the decision allowed a president to become “a king above the law,” and many others alleged it would grant presidents too much power and not enough accountability for their actions.

Could Biden succeed in passing the reforms?

Anything is possible, but it is highly unlikely Biden will succeed in enacting any of his proposed reforms, which all require congressional approval.

The term limits and ethics code plans would need to pass a Republican-controlled House and require 60 votes from the Senate, which Biden would be unlikely to get before or after the November election, which is expected to be closely contested.

However, if Democrats could find a way to eliminate the filibuster, which sets the 60-vote threshold in the Senate, the plans could be passed with simple majorities in both chambers.

The constitutional amendment is far more unlikely to be passed. It would need two-thirds support from both chambers and then approval by three-fourths of state legislatures. The latter is close to impossible given Republicans hold 56 state chambers to Democrats’ 41.