Written by Matthew Collins.

President Joe Biden is reportedly set to endorse sweeping changes to the U.S. Supreme Court, including imposing term limits for justices and instituting an enforceable ethics code. Despite lacking the authority to unilaterally enact these changes on a co-equal branch of government, Biden appears determined to push forward. These reforms would require a constitutional amendment, a complex and lengthy process.

In a leaked transcript obtained by the Washington Post, Biden disclosed his plan to a select group of Democratic lawmakers. “I’m going to need your help on the Supreme Court,” Biden said. “I’ve been working with constitutional scholars for the last three months, and I need some help.” The proposed plan includes term limits for Supreme Court justices, who currently hold lifetime appointments once confirmed by the Senate.

The proposal also seeks to enforce a congressionally-mandated ethics code on the justices. However, specifics about the ethical requirements and the exact nature of the term limits remain unclear. Additionally, Biden is contemplating a constitutional amendment to “eliminate broad immunity for presidents and other constitutional officeholders,” a direct response to the Supreme Court’s recent ruling that former President Donald Trump could not be prosecuted for actions within his constitutional powers as president.

Reactions and Criticisms

Biden’s plan marks a significant shift from his previous stance on judicial reforms. While many Democrats have been critical of the Supreme Court in recent years, Biden had thus far refrained from endorsing their proposed changes. This new direction has sparked a heated debate within political circles.

Former President Donald Trump has been vocal in his opposition, labeling Biden’s proposed reforms as “unconstitutional” and “illegal.” Trump took to Truth Social to express his disdain: “The Radical Left Democrats are desperately trying to ‘Play the Ref’ by calling for an illegal and unConstitutional attack on our SACRED United States Supreme Court.” He continued, “The Democrats are attempting to interfere in the Presidential Election, and destroy our Justice System, by attacking their Political Opponent, ME, and our Honorable Supreme Court.”

Trump’s comments underscore the intense political battle that is likely to ensue if Biden proceeds with his Supreme Court reforms. The former president’s remarks reflect a broader sentiment among many Republicans who view these proposed changes as an overreach of executive power and a threat to the independence of the judiciary.

The Path Forward

Implementing Biden’s proposed changes to the Supreme Court will be an uphill battle. Amending the Constitution requires significant political consensus, something that is exceedingly rare in today’s polarized environment. Moreover, the introduction of a congressionally-mandated ethics code for justices raises questions about the separation of powers and the independence of the judiciary.

Biden’s willingness to consider such drastic measures signals a growing frustration within the Democratic Party over recent Supreme Court decisions. The push for reforms is likely driven by concerns over the Court’s current ideological balance and the perceived need for greater accountability among its justices.

However, critics argue that these reforms could set a dangerous precedent, undermining the stability and impartiality of the nation’s highest court. The debate over Biden’s Supreme Court strategy is poised to become a defining issue in the coming months, with significant implications for the future of American democracy.

Our Take

Biden’s aggressive push to reshape the Supreme Court raises significant concerns about executive overreach and the erosion of judicial independence. While accountability and ethics are vital, the proposed measures could undermine the stability of one of our government’s foundational institutions. This move seems more like a desperate attempt to consolidate power than a genuine effort to improve the judiciary.