Biden is considering major changes for the Supreme Court, but he’ll need Congress’s approval to implement them.

President Biden Eyes Major Supreme Court Reforms, Needs Congress’s Support

President Biden is planning to propose significant reforms for the U.S. Supreme Court, including term limits for justices and a mandatory ethics code. These sweeping changes aim to transform how the high court operates.

However, implementing these proposals is challenging due to the need for either a constitutional amendment or congressional action, both of which are difficult to achieve in the current political climate. Despite this, the plans represent a notable shift for Biden, who had previously resisted making changes to the court.

These proposals, first reported by the Washington Post, were confirmed by two sources who spoke anonymously since Biden’s plans are not yet finalized. According to one source, the proposals might not be announced for a few weeks.

Ethics watchdogs have welcomed these ideas. Gabe Roth, executive director of Fix the Courts, noted, “The vast majority of the country, regardless of party, believes the justices should not serve for life but should be subject to basic oversight like Congress and the executive are.”

Currently, Supreme Court justices have lifetime appointments and can choose whether to follow the court’s newly adopted ethics rules. Recent scrutiny of the court has increased due to scandals involving Justice Clarence Thomas, who accepted free trips and gifts from a conservative donor, and Justice Samuel Alito, whose wife displayed flags associated with far-right movements.

Biden has faced pressure from progressives on this issue. With four months left until the presidential election, Biden is in a tight race with Trump and is trying to appeal to the progressive wing of his party, which supports Supreme Court reforms. The White House also believes this issue resonates well with independent voters, Republicans, and key demographic groups.

On Saturday, Biden discussed these plans with a group of progressive lawmakers, one of several calls he has made to gain support after a debate stumble with Trump raised questions about his re-election bid.

Biden had intended to outline his Supreme Court plans in a speech at the LBJ Library in Austin on Monday. However, the trip was postponed following an assassination attempt on Trump.

Biden has increasingly highlighted the Supreme Court’s importance in his campaign. In a recent interview with BET News, he warned that two more justices might retire in the next four years, emphasizing the potential long-term impact of additional Trump appointments. Conservatives currently hold a 6-3 majority on the court, with Trump having appointed three justices: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

At a fundraiser in Los Angeles on June 15, Biden referred to a report about Justice Alito’s wife displaying an upside-down U.S. flag after some Trump supporters did the same during the January 6 Capitol riot. “The idea that if he (Trump) is reelected, he can appoint two more, flying flags upside down…” Biden said, calling it “one of the scariest parts” of a second Trump term. He also told a campaign rally in May that he would appoint “progressive judges” to fill any vacancies.

In 2021, shortly after taking office, Biden established a presidential commission on the Supreme Court, fulfilling a campaign promise. The commission, comprising legal experts, issued a report in December of that year stating that Congress has the power to expand the court but took no position on doing so. The report suggested that term limits might require a constitutional amendment and highlighted the practical challenges of implementing term limits while there are sitting justices with lifetime appointments.