On Monday, President Joe Biden called for major changes to the Supreme Court, including a constitutional amendment that would limit immunity for presidents, impose term limits for justices and stipulate an enforceable code of ethics.
Biden wrote in an op-ed for The Washington Post that “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,” and added: “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 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.”
Biden called for a constitutional amendment saying former presidents don’t have any immunity from federal criminal indictments, trials, convictions or sentencing: “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.” The Supreme Court ruled in July that presidents cannot be prosecuted for “official acts” during their time in office, in a ruling stemming from a case concerning former President Donald Trump. Presidents can still be prosecuted for unofficial criminal behavior.
Biden also shared his support for Congress to create term limits for Supreme Court justices, saying he favors 18-year terms: ‘Term limits would help ensure that the court’s membership changes with some regularity, and reduce the chance that any single presidency radically alters the makeup of the court for generations to come.” Biden also called on Congress to make the Supreme Court subject to the kind of enforceable ethics requirements imposed on other federal judges regarding gifts, political activities and financial dealings: “This is common sense ..The court’s current voluntary ethics code is weak and self-enforced.”
Vice President Kamala Harris said in a statement Monday that she supports the proposed changes because the Supreme Court faces a “clear crisis of confidence” from the American people: “In the course of our Nation’s history, trust in the Supreme Court of the United States has been critical to achieving equal justice under law. President Biden and I strongly believe that the American people must have confidence in the Supreme Court. These popular reforms will help to restore confidence in the Court, strengthen our democracy, and ensure no one is above the law.”
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