Biden backs Supreme Court reforms and an amendment to restrict immunity

On Monday, President Biden made a significant departure from his previous stance on Supreme Court reform by endorsing substantial changes to the high court. Biden proposed implementing 18-year term limits for justices and establishing a binding, enforceable ethics code for the Court. Additionally, he is advocating for a constitutional amendment to eliminate blanket immunity for presidents, a move in response to the Supreme Court's recent ruling that former President Donald Trump is immune from prosecution for official acts.

This announcement represents a major shift for Biden, who had long resisted efforts to reform the Supreme Court. Since taking office, he has witnessed a notable shift to the right in the Court’s decisions, including the overturning of Roe v. Wade, the end of affirmative action in college admissions, the weakening of federal agencies' authority by overturning a 40-year precedent, and the striking down of Biden’s student-loan forgiveness program.

In an op-ed published in The Washington Post on Monday morning, Biden emphasized his extensive experience with Supreme Court nominations, writing, “I have great respect for our institutions and separation of powers. What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.” He will formally present his support for these reforms during a speech marking the 60th anniversary of the Civil Rights Act at the LBJ Presidential Library in Austin.

However, the prospects for these reforms are uncertain. The proposals for term limits and an ethics code face significant hurdles, including the need for congressional approval in a Republican-controlled House and a 60-vote threshold in the Senate, where Democrats hold only 51 seats. The constitutional amendment also faces a daunting path, requiring two-thirds approval in both congressional chambers or a convention of two-thirds of the states, followed by ratification by three-fourths of state legislatures.

Biden’s proposed amendment, termed the “No One Is Above the Law Amendment,” aims to clarify that “the Constitution does not confer any immunity from federal criminal indictment, trial, conviction, or sentencing by virtue of previously serving as president.”

In his op-ed, Biden underscored a fundamental principle: “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.”

The Supreme Court’s immunity ruling, which was issued along ideological lines, has made it unlikely that Trump will face trial on charges related to the 2020 election before the upcoming presidential election. Following the decision, Biden reached out to Laurence Tribe, a constitutional law professor at Harvard Law School, to discuss the ruling and potential reforms. They explored options including term limits, an ethics code, and the constitutional amendment addressing presidential immunity.