Joe Biden Wants to Rein in the Supreme Court, Saying It's Gone Rogue After Rulings on Abortion and Presidential Immunity

In a bold move that signals a significant shift in the relationship between the executive branch and the judiciary, President Joe Biden has proposed radical reforms to the U.S. Supreme Court. This initiative comes in response to what he describes as a "rogue" court, particularly following controversial rulings on abortion rights and presidential immunity.

The Proposal

The White House unveiled Biden's proposal early Monday, which centers around two key reforms:

  1. Eighteen-Year Term Limits: Biden suggests replacing the current lifetime appointments of Supreme Court justices with fixed eighteen-year terms. This would allow for a new justice to be appointed every two years, ensuring a more regular turnover and potentially reducing the politicization of the court.

  2. Binding Code of Conduct: The proposal also includes the establishment of a binding code of conduct for justices, aimed at restoring public trust and accountability within the highest court in the land.

Additionally, Biden's plan calls for the removal of presidential immunity concerning crimes committed while in office, a move that could have significant implications for future presidents.

Context and Rationale

In an op-ed published in the Washington Post, Biden expressed deep concerns about the current state of the Supreme Court, stating that the country is experiencing a "breach" in the normal and balanced workings of the judiciary. Drawing on his extensive experience as a senator and former chairman of the Judiciary Committee, he emphasized the importance of maintaining public confidence in the court's decisions, particularly those affecting personal freedoms.

Biden's remarks come in the wake of several contentious rulings, including the Supreme Court's decision to overturn Roe v. Wade, which he labeled as a "dangerous and extreme" action that undermined long-established rights. Furthermore, the court's ruling in June, which granted sitting presidents immunity from criminal charges related to their official duties, has raised alarms about the potential for unchecked executive power.

Ethical Concerns

The proposal is also a direct response to recent ethics scandals involving Supreme Court justices. Notably, Justice Clarence Thomas has faced scrutiny for not recusing himself from cases related to the January 6 uprising, despite his wife's involvement in efforts to overturn the 2020 election results. Similarly, Justice Samuel Alito has been criticized for his connections to pro-Trump activities and for failing to disclose gifts from wealthy donors.

While the Supreme Court published a non-binding code of ethics last year, critics argue that it lacks the enforceability needed to ensure accountability among justices. A recent poll indicated a significant decline in public trust in the court, highlighting the urgency of Biden's proposed reforms.

The Political Landscape

The current composition of the Supreme Court leans heavily conservative, a situation exacerbated by former President Barack Obama's inability to fill a vacancy in his last year in office and Donald Trump's appointment of three justices, including one during his lame-duck period. This conservative tilt has fueled concerns about the court's direction and its impact on American rights and freedoms.

As Biden's proposal unfolds, it remains to be seen how Congress and the public will respond. The implications of these reforms could reshape the judiciary for generations to come, marking a pivotal moment in the ongoing dialogue about the balance of power in the United States.

This is a developing story, and updates will follow as more information becomes available.

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