Biden is likely to endorse term limits for the justices, an ethics code and a constitutional amendment limiting presidential immunity.
Biden is likely to endorse establishing term limits for justices and an enforceable code of ethics, in an announcement that represents a remarkable shift for a president who had long resisted calls to overhaul the high court.
He is also expected to push for a constitutional amendment limiting immunity for presidents and certain other officeholders, in a response to the court’s July 1 ruling that presidents are shielded from prosecution for “official acts” during their time in office, in a case brought by former President Donald Trump.
The specifics of the proposal remain unclear and could still change, said the people, who were granted anonymity to discuss internal planning.
Biden is expected to call for the overhaul during a trip to Texas, where he’s set to speak at the Lyndon Baines Johnson presidential library in Austin.
The White House declined to comment, referring back to press secretary Karine Jean-Pierre’s remarks on Thursday that Biden “believes if you are serving in high office, you should be held to a transparency, accountability and you should be held to a high ethics.”
The proposal comes as Biden has grown increasingly critical of the Supreme Court and its decisions, including rulings by its conservative majority that eliminated federal abortion rights, gutted affirmative action in higher education and blocked stricter gun regulations and other priorities of his administration.
Justices Clarence Thomas and Samuel Alito have also come under scrutiny over their personal conduct. Thomas failed to disclose lavish gifts and travel, including from wealthy Republican donors. Alito’s wife flew flags outside of their homes that were associated with the Jan. 6 insurrection and efforts to overturn the 2020 election.
“I’m going to call for Supreme Court reform, because this is critical to our democracy,” Biden said during an Oval Office address on Wednesday, when he explained his decision to abandon his run for a second term.
Imposing term limits and an ethics code on the Supreme Court would likely require legislation. The current divided Congress is not expected to take up the issue before the end of the year. And even if Democrats control both chambers after the election, they’re all but certain to fall short of the 60 Senate seats needed to break a filibuster.
A constitutional amendment would face even tougher odds, requiring two-thirds support from both chambers of Congress or from a convention called by two-thirds of the states, as well as the approval of three-fourths of state legislatures.
But Biden’s endorsement of such major reforms would nevertheless serve as the clearest signal yet that he now shares Democrats’ widespread concern that the court has grown overly partisan at the expense of its credibility with the American people.
“I think the Supreme Court made a terrible decision,” Biden said during an NBC News interview earlier this month, when asked about its ruling in Trump’s immunity case. “I would argue, if you check, surveyed constitutional scholarship, they seem out of touch with what the founders intended.”
The proposal, coming days after Biden abandoned his reelection bid and endorsed Vice President Kamala Harris, could also further energize a progressive base already invigorated by Harris’ rapid consolidation of support within the party.
