It is questionable whether the Democrat will be able to get his plans through parliament. Donald Trump has already described the plan as an attack on the judiciary.
US President Joe Biden wants to reform the Supreme Court of the United States. “I am calling for three bold reforms to restore trust in the courts and our democracy and to restore their accountability,” the Democrat wrote in an opinion piece published in the Washington Post. He warned of a crumbling of trust in democratic institutions. What is happening right now is “not normal.”
A US government representative had previously informed the president about the president’s request. In recent years, the court has overturned important precedents: for example, it has restricted women’s right to self-determination and granted the president extensive immunity for crimes committed during his term in office. Ethics scandals have raised doubts about the fairness and independence of the Supreme Court.
Specifically, Biden is calling for term limits for Supreme Court justices and an enforceable code of ethics. He also intends to propose a constitutional amendment clarifying that former presidents are not immune from prosecution for offenses committed during their term in office.
Biden’s proposals would have to be approved by Parliament, which is considered unlikely given the majority situation in the US Congress. There are high hurdles, especially for a constitutional amendment.
The three changes being sought in detail:
1. Term limits for judges
The nine Supreme Court judges are appointed for life. Their selection is a hotly contested political process. Former President Donald Trump was able to place three judges on the Supreme Court during his term in office (2017 to 2021), which is why six of the nine judges are currently considered conservative.
Biden wants to propose a system whereby the president appoints a judge every two years, who then serves for eighteen years. This should help ensure that the composition of the court changes with some regularity, it was said. Such a system would also reduce the likelihood that “a single presidency could radically change the composition of the court for generations to come,” Biden wrote in the Washington Post.
2. Binding Code of Conduct
Last year, reports of expensive gifts to Supreme Court Justice Clarence Thomas sparked an ethics debate. The Supreme Court judges then agreed to a code of conduct, but its enforceability was questionable.
Biden described the current code as “weak and self-imposed.” He wants Congress to adopt binding rules of conduct. These should, for example, stipulate that judges must disclose gifts and refrain from public political activities. Judges should also be required to recuse themselves from cases in which they or their partners have conflicts of interest.
3. Constitutional amendment on immunity
The Constitution does not explicitly grant presidents immunity, even while in office. However, the Justice Department has traditionally held the view that presidents cannot be prosecuted, at least while in the White House. A few weeks ago, Trump won a historic victory before the Supreme Court: The court ruled that he enjoys extensive protection from prosecution for his actions while in office.
The ruling means that there are “virtually no limits” to a president’s actions, Biden warned in his opinion piece. “The only limits will be those that the person in the Oval Office imposes on himself.” Thus, the democratic concept of a peaceful transfer of power is in danger: “If a future president incites a violent mob to storm the Capitol (…) there may be no legal consequences.”
Biden now wants to put a constitutional amendment to a vote that makes it clear that “no president is above the law,” meaning that former presidents are not protected from prosecution for crimes they committed while in office.
Trump has already criticized the plan
Trump criticized the plans after US media first reported on them last week. “The Democrats are trying to interfere in the presidential election and destroy our justice system by attacking their political opponent, me, and our honorable Supreme Court,” he wrote on his online platform Truth Social.
Trump is the Republican presidential candidate. He wants to replace Biden in the White House after the election on November 5. Biden’s deputy Kamala Harris is expected to be the Democratic candidate after the incumbent withdrew from the presidential race just over a week ago.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
