Major Supreme Court Overhaul Under Consideration by Biden

By: Georgia | Published: Jul 18, 2024

President Joe Biden is considering significant changes to the U.S. Supreme Court, including implementing term limits for justices and introducing an enforceable ethics code. 

This comes amid concerns that justices need more accountability. According to AP sources, Biden is taking these ideas seriously.

A New Direction for Biden

Once a steadfast defender of Supreme Court traditions, Biden has shifted gears. As the former leader of the Senate Judiciary Committee, he’s now raising his voice about the Court’s drift from established constitutional norms.

Advertisement
President Joe Biden delivering a speech at a podium with the NAACP logo in the background, wearing a blue suit and smiling

Source: POTUS/X

This evolution in his perspective was first highlighted by The Washington Post.

Advertisement

The Trump Effect on the Supreme Court

President Biden is eyeing major reforms as a countermeasure to the conservative majority established by Donald Trump’s appointments. 

Advertisement
President Donald Trump smiling and speaking at a podium with American flags in the background

Source: Wikimedia Commons

His approach aims not just to address these changes but to mobilize his supporters, especially given Trump’s pride in his influence over the Court.

Challenging Presidential Immunity

In response to Donald Trump’s claims of immunity from legal actions tied to the events of January 6, 2021, Biden is contemplating a constitutional amendment to curb presidential powers.

Advertisement
President Donald Trump giving a victory sign with both hands, speaking at a podium with a backdrop labeled 'Celebration of Conservatism'

Source: Wikimedia Commons

This move signals a significant pivot in his approach to governance and Supreme Court interactions.

Calls for Supreme Court Reform Grow Louder

Recent Supreme Court rulings reversing long-standing decisions on abortion and regulatory powers have sparked a Democrat-led outcry for changes. 

Advertisement
Wide-angle view of the U.S. Supreme Court building, showing its classic facade and steps under a clear blue sky, with people visible in front

Source: Wikimedia Commons

Added to this are ethical concerns, notably around Justice Clarence Thomas’ acceptance of luxury trips from a GOP donor.

More Justices on the Horizon?

AP News reports that in a BET interview, Biden hinted at potential Supreme Court vacancies expected during his presidency, suggesting the balance of power could shift once more. 

Official group portrait of U.S. Supreme Court justices sitting and standing in rows in a red-draped room

Source: Wikimedia Commons

He stressed the impact of Trump’s appointees and the critical nature of upcoming nominations.

Advertisement

Supreme Court Remains Tight-Lipped

Despite growing public discourse on proposed judicial reforms, the Supreme Court has stayed silent on Biden’s suggestions. 

The U.S. Supreme Court building illuminated from within at dusk, showing its neoclassical facade and columns under a fading blue sky

Source: Wikimedia Commons

This absence of comment comes at a critical time of heightened scrutiny of the court’s integrity and decision-making.

Advertisement

Biden’s Strategic Push in Congress

During a discussion with the Congressional Progressive Caucus, Biden highlighted the need for more Democratic influence to counter the Court’s conservative lean. 

President Joe Biden, dressed in a blue suit, focused on signing documents at a desk in a wood-paneled office

Source: POTUS/X

He teased a significant forthcoming initiative, saying, “I’m about to come out with a major initiative on limiting the court.”

Advertisement

Americans Favor Judicial Reforms

A 2022 Associated Press-NORC Center for Public Affairs Research poll found that about two-thirds of Americans support the idea of term limits or a mandatory retirement age for justices. 

Clear sky over the U.S. Supreme Court, the building's white marble facade bright under the sunlight, with people milling around the steps

Source: Wikimedia Commons

This widespread public approval could be pivotal in advancing these judicial reforms.

Advertisement

Shrinking Trust in the Supreme Court

Public confidence in the Supreme Court is at a low, with surveys showing that just 40% of U.S. adults feel confident in the institution. 

Interior view of the U.S. Supreme Court's main courtroom, showing the red-draped benches and the empty justices' chairs in front of a large clock

Source: Wikimedia Commons

Many feel that the justices are swayed more by their political beliefs than by a duty to impartiality.

Advertisement

A New Ethical Framework for the Supreme Court

The Supreme Court recently agreed on its first formal code of ethics.

Broad view of the U.S. Supreme Court's front steps and columns, captured under cloudy skies with people visible in the foreground

Source: Wikimedia Commons

Though critics argue that the new policy does not sufficiently address fundamental issues, leaving too much to individual discretion.

Advertisement

The Battle Over the Judiciary Continues

The struggle to shape the federal judiciary has been intense, highlighted by past political maneuvers like Senator Mitch McConnell’s block of Obama’s nominee in 2016. 

Portrait of Senator Mitch McConnell in a dark suit and blue tie, smiling slightly with the Washington Monument visible in the background

Source: Wikimedia Commons

Biden, emphasizing the importance of judicial nominations, has prioritized diversity and impact in his judicial picks, aiming to influence the courts deeply during his administration.

Advertisement