In a Washington Post op-ed, President Joe Biden called out the U.S. Supreme Court over what he described as “scandals” while laying out three reform plans he has for the high court that he says will help “restore the public’s faith in our judicial system.”
“This nation was founded on a simple yet profound principle: No one is above the law,” Biden wrote in his piece. “Not the president of the United States. Not a justice on the Supreme Court of the United States. No one.” The article, titled “My Plan to Reform the Supreme Court and Ensure No President Is Above the Law,” was posted to the newspaper’s website on Monday.
He went on to say that what sparked his decision to push for reform was the Court’s July 1 decision to legally give presidents immunity for any crime they commit while serving as commander-in-chief, with the exception of consequences that are “self-imposed.”
“If a future president incites a violent mob to storm the Capitol and stop the peaceful transfer of power — like we saw on Jan. 6, 2021 — there may be no legal consequences,” Biden mentioned, adding that he feels it would be the “beginning” of how the court could amend the system and privileges given to a president.
He then went on to point out controversial actions the court has taken publicly and reportedly behind closed doors, which have drawn national attention and criticism, particularly from the left.
“Scandals involving several justices have caused the public to question the court’s fairness and independence, which are essential to faithfully carrying out its mission of equal justice under the law,” Biden said. “For example, undisclosed gifts to justices from individuals with interests in cases before the court, as well as conflicts of interest connected with Jan. 6 insurrectionists, raise legitimate questions about the court’s impartiality.”
Biden said that, with all that considered, the Supreme Court’s behavior has led him to recognize that it’s time for a revamp.
“I am calling for three bold reforms to restore trust and accountability to the court and our democracy,” Biden wrote, before listing his plans. They include an amendment to the constitution, new term limits for Supreme Court justices and an updated code of conduct for the high court.
“First, I am calling for a constitutional amendment called the No One Is Above the Law Amendment. It would make clear that there is no immunity for crimes a former president committed while in office. I share our Founders’ belief that the president’s power is limited, not absolute. We are a nation of laws — not of kings or dictators,” Biden wrote.
He continued with his second reform proposal: “Second, we have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the court’s membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come. I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court.”
And lastly: “Third, I’m calling for a binding code of conduct for the Supreme Court. This is common sense. The court’s current voluntary ethics code is weak and self-enforced. Justices should be required to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. Every other federal judge is bound by an enforceable code of conduct, and there is no reason for the Supreme Court to be exempt.”
In conclusion, Biden shared that the reforms have been looked over by “liberal constitutional scholars and the Presidential Commission on the Supreme Court of the United States.”
“We can and must prevent the abuse of presidential power. We can and must restore the public’s faith in the Supreme Court,” Biden wrote, wrapping up his public proposal. “We can and must strengthen the guardrails of democracy. In America, no one is above the law. In America, the people rule.”
Biden’s opinion piece comes nearly a month after the Supreme Court ruled former President Donald Trump “is absolutely immune from criminal prosecution for conduct within his exclusive sphere of constitutional authority” following his interference with the 2020 election.
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