Topline
President Joe Biden is considering making a public endorsement of major changes to the Supreme Court like creating term limits for justices and an enforceable ethics code, according to multiple reports, citing two anonymous people with knowledge of the plan.
President Joe Biden is reportedly planning to announce he supports changes to the court including … [+] term limits and an ethics code that can be enforced.
Key Facts
Biden’s support for rule changes like term limits and an ethics code would be a switch from his past stances on the Supreme Court and would come as a number of justices are under scrutiny for potential ethics violations.
Biden said in a call with the Congressional Progressive Caucus on Saturday he is “about to come out with a major initiative on limiting the court,” according to The Washington Post, but said he needed their help, potentially referencing that changes to the court could require congressional approval.
The Washington Post also reported Biden is considering calling for a “constitutional amendment to eliminate broad immunity for presidents”—a change that would negate one of the high court’s recent rulings in which it found former President Donald Trump had immunity from official acts he took as president.
Get Forbes Breaking News Text Alerts: We’re launching text message alerts so you’ll always know the biggest stories shaping the day’s headlines. Text “Alerts” to (201) 335-0739 or sign up here.
Key Background
Criticism of the Supreme Court has increased in recent months as news broke that Justice Clarence Thomas failed to disclose a number of luxury vacations he received from real estate magnate Harlan Crow, and that flags associated with the “Stop the Steal” movement were flown at homes of Justice Samuel Alito. Amid calls last year for the Supreme Court to institute an ethics code, Biden said there was no constitutional reason it couldn’t, and one was later implemented—though there is no real enforcement structure on what should be done if a justice violates it. Biden has been increasingly critical of the court in recent days, specifically with regard to its presidential immunity ruling. He criticized that ruling shortly after it was made, saying it “makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law.” And this week he told NBC he thinks the justices on the court “seem out of touch with what the founders intended.
Tangent
Just last week, Rep. Alexandria Ocasio-Cortez, D-N.Y., and other Democrats filed articles of impeachment against Thomas and Alito. The effort is sure to fail, but accuses the two justices of committing high crimes and misdemeanors related to their failure to disclose gifts and recuse themselves from cases in which they had alleged bias.
Surprising Fact
When he was a senator, Biden served in the U.S. Senate Committee on the Judiciary. He was the ranking member of the committee from 1981 to 1987, at which point he became the chairman. He served as chairman until 1995.
Further Reading
Washington PostBiden set to announce support for major Supreme Court changes
