President Joe Biden is weighing a slate of proposals aimed at dramatically reforming the Supreme Court, including imposing term limits and establishing an enforceable code of ethics, according to a person familiar with the matter.
Biden has also discussed calling for a constitutional amendment to limit immunity for presidents and certain other officeholders, in a response to the court’s ruling last month that presidents should be shielded from criminal prosecution for a range of official acts.
The proposals are not yet finalized, said the person, who was granted anonymity to discuss private deliberations. But Biden previewed the move during a call last week with progressive lawmakers, promising a “major initiative” to overhaul the court, and an official announcement could come in a matter of weeks.
Establishing term limits and an ethics code would both require congressional approval, including 60 votes in the Senate, likely making for a tough path to passage even if Biden is reelected and Democrats control both chambers of Congress next year. A constitutional amendment would face an even higher bar, requiring two-thirds support from both chambers of Congress or from a convention called by two-thirds of the states, as well as the approval of three-fourths of state legislatures.
The Washington Post first reported Biden’s consideration of court reforms.
Proposing the package would nevertheless mark a significant shift for Biden, after dismissing calls for years to reform the Supreme Court. And it could help rebuild support among progressive Democrats, many of whom remain skeptical he can win reelection following a faltering debate performance last month.
A former chair of the Senate Judiciary Committee, Biden during the 2020 presidential campaign rejected a push by liberals to endorse expanding the court. Instead, he created a commission to study possible changes — but has not taken action since that report was published in late 2021.
Yet in the latter half of his term, Biden has taken sharper aim at the court in response to a spate of rulings by its conservative majority that gutted abortion protections, blocked gun safety measures, eliminated affirmative action and rolled back other rights.
The court’s presidential immunity decision, meanwhile, was cited earlier this week as the foundation for the dismissal of a criminal case against Donald Trump over his handling of classified documents.
“I think the Supreme Court made a terrible decision,” Biden said during an NBC News interview on Monday. “I would argue, if you check, surveyed constitutional scholarship, they seem out of touch with what the founders intended.”
Justices Clarence Thomas and Samuel Alito have also been embroiled in personal ethics scandals. Thomas was the subject of extensive reporting last year on his failure to disclose lavish gifts and travel, and his close ties to wealthy Republican donors. Alito flew flags outside his homes that were associated with the Jan. 6 insurrection.
Those episodes further ramped up scrutiny of the court, whose members are appointed to lifetime terms, and spurred fresh rounds of reform calls from Democratic lawmakers representing all corners of the party.
