Biden to Propose Supreme Court Term Limits, Binding Code of Conduct
By Andrea Shalal
WASHINGTON (Reuters) - U.S. President Joe Biden is set to unveil a bold proposal on Monday aimed at reforming the Supreme Court, advocating for term limits and a binding code of conduct for its nine justices. However, the deeply divided Congress poses significant challenges to the likelihood of these reforms becoming law.
During a speech at the presidential library of former President Lyndon B. Johnson in Austin, Texas, Biden will outline these changes, which also include a constitutional amendment aimed at eliminating broad presidential immunity. “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 emphasized in an op-ed published in the Washington Post.
Biden's push for these reforms comes on the heels of his recent decision to end his reelection campaign and endorse Vice President Kamala Harris as she prepares to face Republican candidate Donald Trump in the upcoming November election. This initiative follows a series of controversial Supreme Court rulings, including the decision that there is no constitutional right to abortion, which has significantly hindered Biden's agenda on critical issues such as immigration, student loans, vaccine mandates, and climate change.
Currently, unlike other federal judges, the Supreme Court justices enjoy life tenure without a binding ethics code. While they are required to disclose outside income and certain gifts, many personal hospitality arrangements, such as lodging at private residences, remain exempt. In response to recent controversies, including Justice Clarence Thomas's undisclosed travel with a wealthy benefactor, the Court adopted its first code of conduct in November. However, critics argue that this code is insufficient, as it allows justices to self-determine their recusal from cases and lacks an enforcement mechanism.
Biden is expected to urge Congress to establish binding, enforceable rules that would mandate justices to disclose gifts, abstain from public political activities, and recuse themselves from cases involving financial or other conflicts of interest. Additionally, he will advocate for an 18-year term limit for Supreme Court justices, a move that would require legislative action to implement.
Despite the urgency of these proposals, the current political landscape suggests that passing such legislation in a divided Congress is unlikely. Furthermore, Biden's proposed constitutional amendment would clarify that serving as president does not confer immunity from federal criminal indictment, trial, conviction, or sentencing. This amendment would face even greater hurdles, necessitating two-thirds support from both chambers of Congress or a convention called by two-thirds of the states, followed by ratification from 38 of the 50 state legislatures.
In a landmark ruling in July, the U.S. Supreme Court determined that Trump could not be prosecuted for actions taken within his constitutional powers as president, marking a significant recognition of presidential immunity from prosecution.
(Reporting by Andrea Shalal; Editing by Noeleen Walder and Michael Perry)