On Monday, July 29th, President Joe Biden delivered a speech at the Lyndon Baines Johnson Library and Museum in Austin, Texas, commemorating the 60th anniversary of the Civil Rights Act and calling for reforms to the United States Supreme Court.
In his address, President Biden emphasized the need for a mandatory ethical code for the Supreme Court and proposed three bold reforms to restore trust and accountability to the judiciary.
President Biden outlined his reform proposals, which include a potential constitutional amendment for an 18-year term limit for Supreme Court justices, enforceable behavior guidelines, and an amendment to overturn a recent decision granting the president immunity from civil suits during their term.
He explained that the 18-year term limit proposal was developed by a bipartisan commission that analyzed various term limit structures. The behavior guidelines would require justices to disclose gifts received, refrain from engaging in public political activities, and recuse themselves in cases where there is a conflict of interest involving themselves or their spouse.
President Biden urged Americans, saying, “Based on my experience, I firmly believe that we need these reforms; we need these reforms to ensure trust in the judiciary and maintain the essential system of checks and balances for our democracy.”
He mentioned the upcoming celebration of the 250th anniversary of the signing of the Declaration of Independence on July 4, 2026, calling it a moment that “not only concerns our past but also our future.”
President Biden stated, “Imagine that moment, ask yourself, ‘What kind of people do we want to be?’ In America, we can and must safeguard and expand our civil rights; we can and must prevent the abuse of presidential power, restore trust in the Supreme Court; we can and must strengthen the defenses of democracy.”
In a column published on the morning of July 29, the President urged Congress to support his proposals for two major reforms to the United States Supreme Court and modifications to the U.S. Constitution, outlining the reasons for the progressive reforms his camp has long sought.
President stated in a column in The Washington Post, “This country is founded on a simple yet profound principle: no one is above the law; not the President of the United States; not the justices of the Supreme Court; no one.”
President Biden referenced his 36 years of experience as a U.S. Senator and former chair and ranking member of the Judiciary Committee. While he expressed deep respect for the system and separation of powers, he noted that what is happening in America now is “not normal, eroding public confidence in court judgments, including those affecting individual freedoms.”
He wrote, “We are facing a loophole now.”
In recent years, some decisions made by the Supreme Court have drawn criticism from Democrats and progressives, including overturning Roe v. Wade and a recent decision granting immunity to sitting and former presidents from civil suits related to official actions by a 6-3 vote.
A White House official informed The Epoch Times that today, the President clearly expressed his determination to spend time supporting the reforms he has proposed in the final five months of his term to restore trust and accountability to the Supreme Court and the presidency.
In the previous week, President Biden announced his decision not to run for the presidency in 2024 and endorsed Vice President Kamala Harris.
In 2020, Biden as a presidential candidate promised to establish a commission to study potential changes to the Supreme Court. While some progressives have called for expanding the number of Supreme Court justices, President Biden opposes this move. The commission submitted a 294-page report to the President in December 2021, and Biden is just now taking action on the report.
This move is the first time a President has strongly advocated changing the operation of the Supreme Court since Franklin D. Roosevelt proposed the Court-packing plan, which ultimately failed due to strong opposition.
Progressives have long pushed for reforms in the judiciary to align with their objectives, but their efforts have been met with resistance from those holding originalist views, a perspective popular within the Republican Party.
The White House stated that term limits for Supreme Court justices would help ensure more predictable timing for judicial nominations, reduce arbitrariness, and decrease opportunities for any administration to benefit from a justice’s retirement.
President Biden also criticized Senate Republicans for blocking President Obama’s nomination in an election year in 2016 and subsequently nominating Amy Coney Barrett weeks before the 2020 election.
The White House added that establishing enforceable behavior guidelines for justices, including gift disclosure, non-participation in public political activities, and recusal from cases with conflicts of interest, would increase public trust in the judiciary.
Critics of behavior guidelines, however, are concerned that congressional oversight of justices could politicize the judiciary.
For President Biden’s proposals to succeed, they require 60 votes in the Senate. His proposed constitutional amendment faces other obstacles, including three-fourths support from both houses of Congress or three-fourths support from state legislatures before being ratified.
Former President Donald Trump penned an article on Truth Social, condemning such legislative efforts. He stated, “Democrats are attempting to interfere in the presidential election by attacking their political opponents—me and our respected Supreme Court—undermining our judicial system, and we must fight for our fair and independent courts to protect our country.”
The former President also noted that any removal of presidential immunity for official acts could politicize prosecutions and undermine the President’s authority.