In a bold move that could reshape the American judicial landscape, President Joe Biden is reportedly preparing to propose a significant revamp of the Supreme Court.
This comes amidst a backdrop of ethics scandals, contentious rulings, and growing concerns over the influence of personal politics on the court's decisions. The proposed changes include introducing term limits for justices and implementing an enforceable code of ethics.
According to The Independent, the President is also contemplating a new constitutional amendment to abolish the broad immunity enjoyed by presidents and other officeholders. This consideration follows a ruling related to former President Donald Trump's federal election interference case.
During a recent Zoom call with the Congressional Progressive Caucus, Biden revealed his intentions. "Im going to need your help on the Supreme Court Im about to come out with a major initiative on limiting the court," he told the House lawmakers. The President has been collaborating with constitutional scholars on this proposal for the past three months and is finalizing plans for an imminent announcement.
Trump, who recently survived an assassination attempt at a campaign rally, swiftly responded to the report. In a post on Truth Social, he accused Democrats of launching an "illegal and unConstitutional attack on our SACRED United States Supreme Court". He further claimed that the Democrats' attempts to interfere in the Presidential Election and attack the Supreme Court were part of a broader plan to undermine the justice system and his political standing.
The proposed overhaul of the nation's highest court follows a series of controversial rulings that have disrupted decades of legal precedent. In 2022, the Supreme Court made a historic decision to overturn Roe v Wade, effectively eliminating the constitutional right to abortion care for Americans. This term, the court ruled that presidents have extensive immunity from prosecution for "official actions" but not for "unofficial actions". This ruling, a response to Trump's efforts to dismiss charges in his federal election interference case, has been widely criticized by scholars and liberal justices.
Liberal Justice Sonia Sotomayor expressed her concern, stating, "The president is now a king above the law." Simultaneously, questions about potential conflicts of interest in some of the cases heard by the justices have been raised. Justices Clarence Thomas and Samuel Alito have both declined to recuse themselves from two significant cases related to the January 6 Capitol riot, despite calls for them to do so.
The Supreme Court's approval rating has significantly declined in recent years, with a May 2024 Marquette University poll revealing that 61 per cent of Americans disapprove of the court's performance.
In the past, Biden has resisted calls for changes to the court, including suggestions to pack the court to balance the ratio of liberal to conservative justices. The court currently leans heavily conservative, with a 6-3 ratio of conservative to liberal justices. Three of these conservative justices were nominated by Trump, with the appointment of Amy Coney Barrett being particularly contentious, given its timing during the final days of Trump's presidency.
While court-packing does not seem to be part of Biden's proposed reform, his eagerness to take action reflects his efforts to regain confidence from his party following a poor debate performance last month. Despite calls from Democratic donors, lawmakers, and notable figures for him to step aside for another Democratic candidate, Biden shows no signs of yielding to the pressure and is increasing his interviews and campaign appearances.
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