The conservative majority in the United States Supreme Court has sparked dissatisfaction among Democrats with its right-leaning stance on a series of rulings regarding abortion, gun rights, environmental protection, and other issues. Reports suggest that the Biden administration is considering supporting a series of major reforms to the Supreme Court, including abolishing lifetime terms for justices.
According to The Washington Post on Tuesday (July 16), President Biden is reportedly developing a plan to announce significant reforms to the Supreme Court in the coming weeks. This may involve implementing term limits for justices and legislative proposals on ethical conduct standards. Biden is also weighing whether to push for amending the Constitution to eliminate immunity for officials like the president.
In the past, in order to counterbalance the influence of a conservative-leaning court, Biden has often urged more Democrats to enter Congress and take control of the White House within the party. However, this time, the focus is directly on the Supreme Court.
During a video conference with the “Congressional Progressive Caucus” last Saturday (July 13), a group of radical leftist lawmakers within the Democratic Party, Biden exchanged views on reform proposals.
Recordings from the meeting indicated that Biden plans to take “significant steps” on Supreme Court matters. Over the past three months, he has been collaborating with constitutional scholars to seek professional opinions.
Earlier this month, Biden also discussed Supreme Court reform issues with Harvard Law School constitutional law professor Laurence Tribe, including the decision regarding Trump’s partial immunity and support for reforming the Supreme Court.
During Biden’s tenure, the conservative-majority Supreme Court overturned the landmark Roe v. Wade decision that legalized abortion half a century ago, terminated affirmative action in college admissions, weakened federal agencies’ powers by overturning a four-decade-old ruling, and canceled Biden’s student loan forgiveness program.
On July 1, the Supreme Court ruled that former President Trump has immunity for all official actions taken during his term, leaving it to lower courts to determine the scope of such actions. This was seen as a significant victory for Trump. Biden criticized this decision as setting a “dangerous precedent.”
In an interview with Black Entertainment Television (BET) on Tuesday (July 16), Biden accused Trump of appointing three conservative justices during his previous term, which helped overturn Roe v. Wade, and predicted that there “may be two more appointments” in the next four years when justices retire. Biden said, “Imagine if he appoints two more justices, what that would mean.”
On the same day, Trump criticized possible actions by Biden on his “Truth Social” platform, alleging that Democrats are trying to interfere in the presidential elections by attacking their political opponents – him and the esteemed Supreme Court – and undermining the judicial system. He urged the fight for a fair and independent judiciary to protect the country.
The United States Supreme Court consists of nine justices, including the Chief Justice, all appointed by the President with the Senate’s approval and serving for life unless impeached by Congress.
Both the limitation on justices’ terms and the establishment of ethical rules require congressional approval. This is challenging with the Republican-controlled House and the Democrats’ narrow majority in the Senate. Amending the Constitution to eliminate immunity for officials like the president would face even more obstacles, requiring a two-thirds majority in both chambers of Congress and approval by three-quarters of state legislatures.