Opinion | Joe Biden: My plan to reform the Supreme Court and ensure no president is above the law (2024)

The writer is president of the United States.

This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No one.

But the Supreme Court’s 6-3 decision on July 1 to grant presidents broad immunity from prosecution for crimes they commit in office means there are virtually no limits on what a president can do. The only limits will be those that are self-imposed by the person occupying the Oval Office.

If a future president incites a violent mob to storm the Capitol and stop the peaceful transfer of power — like we saw on Jan. 6, 2021 — there may be no legal consequences.

And that’s only the beginning.

On top of dangerous and extreme decisions that overturn settled legal precedents — including Roe v. Wade — the court is mired in a crisis of ethics. Scandals involving several justices have caused the public to question the court’s fairness and independence, which are essential to faithfully carrying out its mission of equal justice under the law. For example, undisclosed gifts to justices from individuals with interests in cases before the court, as well as conflicts of interest connected with Jan. 6 insurrectionists, raise legitimate questions about the court’s impartiality.

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I served as a U.S. senator for 36 years, including as chairman and ranking member of the Judiciary Committee. I have overseen more Supreme Court nominations as senator, vice president and president than anyone living today. I have great respect for our institutions and the separation of powers.

What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.

That’s why — in the face of increasing threats to America’s democratic institutions — I am calling for three bold reforms to restore trust and accountability to the court and our democracy.

First, I am calling for a constitutional amendment called the No One Is Above the Law Amendment. It would make clear that there is no immunity for crimes a former president committed while in office. I share our Founders’ belief that the president’s power is limited, not absolute. We are a nation of laws — not of kings or dictators.

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Second, we have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the court’s membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come. I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court.

Third, I’m calling for a binding code of conduct for the Supreme Court. This is common sense. The court’s current voluntary ethics code is weak and self-enforced. Justices should be required to disclose gifts, refrain from public political activity and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. Every other federal judge is bound by an enforceable code of conduct, and there is no reason for the Supreme Court to be exempt.

All three of these reforms are supported by a majority of Americans — as well as conservative and liberal constitutional scholars. And I want to thank the bipartisan Presidential Commission on the Supreme Court of the United States for its insightful analysis, which informed some of these proposals.

We can and must prevent the abuse of presidential power. We can and must restore the public’s faith in the Supreme Court. We can and must strengthen the guardrails of democracy.

In America, no one is above the law. In America, the people rule.

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Opinion | Joe Biden: My plan to reform the Supreme Court and ensure no president is above the law (2024)

FAQs

What changes does Biden want to make to the Supreme Court? ›

WASHINGTON (AP) — President Joe Biden on Monday proposed major changes for the U.S. Supreme Court: an enforceable code of ethics, term limits for justices and a constitutional amendment that would limit the justices' recent decision on presidential immunity.

What does the Constitution say about term limits for Supreme Court justices? ›

But any statute that limited terms for current justices would be blatantly unconstitutional. The Constitution grants federal judges life tenure, subject only to impeachment if they fail to exhibit “good behavior.” Alexander Hamilton described it as “permanent tenure of judicial offices.”

What does the Supreme Court do if a law is unconstitutional? ›

Supreme Court decisions can change the interpretation of laws or declare them unconstitutional, they can grant rights or take them away.

What can Congress do to have some control over the president and the Supreme Court? ›

The House of Representatives has the power to bring impeachment charges against the President; the Senate has the power to convict and remove the President from office. In addition, Supreme Court candidates are appointed by the President and are confirmed by the Senate.

Who is Biden putting on the Supreme Court? ›

On February 25, it was announced that Biden would nominate Judge Jackson. On April 7, 2022, Jackson was confirmed by a vote of 53–47. She was then sworn in on June 30, 2022, at noon, when Breyer's retirement went into effect.

What are Supreme Court reforms? ›

Washington — President Biden on Monday unveiled a trio of proposals to reform the Supreme Court, calling on Congress to pass legislation setting term limits for justices and establish binding, enforceable ethics rules for the nation's highest court.

Can a Supreme Court ruling be overturned? ›

When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.

Can a Supreme Court justice be removed by the president? ›

The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment. Has a Justice ever been impeached? The only Justice to be impeached was Associate Justice Samuel Chase in 1805.

Does the Constitution say no one is above the law? ›

Yes. Section 1 of the 14th Amendment reads: nor deny to any person within its jurisdiction the equal protection of the laws. Equal protection is equivalent to, or implies, the principle that no one is above the law.

Can Congress overturn a Supreme Court decision? ›

When Congress disagrees with the Supreme Court about an interpretation of the Constitution, the only direct way to override that interpretation is for two-thirds of both houses of Congress to propose an amendment to the Constitution, which then must be ratified by three-quarters of the states.

Who is more powerful, Congress or the President? ›

Congress is the central law-making body to which the executive and judicial branches respond. Congress writes and debates the laws that govern the United States, and it can override presidential vetoes.

Who has oversight over the Supreme Court? ›

Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789.

How can Congress change the Supreme Court? ›

The Path in Congress

For now, the Supreme Court term limits proposal has two paths in Congress. Under the amendment process, two-thirds of the House and the Senate would need to approve the language for an amendment to the Constitution, with three-quarters of the states ratifying the amendment.

How do I change the Supreme Court? ›

Four Steps To Reform Our Courts:
  1. Restore Balance to the Supreme Court. ...
  2. Depoliticize the Court by Creating Term Limits for Justices. ...
  3. Require Justices to Abide by Meaningful Ethics Rules. ...
  4. Increased Access to Justice in the Lower Courts.

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