Biden proposes sweeping US Supreme Court reforms

US President Joe Biden on Monday proposed reforms to the conservative-dominated US Supreme Court so as to "restore faith" in the institution.

Talking on the 60th anniversary of the Civil Rights Act in Austin, Texas, Biden called out "extremism" for "undermining the public confidence in the court's decisions."

Biden suggested an 18-year term limit for Supreme Court justices and a binding ethics code. He also suggested a constitutional amendment to limit presidential immunity.

"We can and must prevent abuse of presidential power and restore faith in the Supreme Court," the US president said.

The measures are unlikely to pass, with Congress closely divided and only 99 days to go before the US presidential election.

'No one is above the law'

Biden criticized recent Supreme Court decisions — such as the reversal of Roe v. Wade and the weakening of the Voting Rights Act as well as a decision on affirmative action in college admission programs — which he argued have eroded public trust in the court.

Earlier in July, the Supreme Court ruled in part that former US President Donald Trump had immunity from prosecution for actions taken while in office.

Trump is now using this ruling to contest his recent criminal conviction in a case involving hush money paid to a porn star, as well as other ongoing prosecutions.

Highlighting the ruling granting former presidents broad immunity from prosecution, Biden said the nation "was founded on the principle there are no kings in America. Each of us are equal before the law. No one is above the law."

But the court's decision granted a president immunity to flout laws and "face no consequences," he said.

Biden is proposing a constitutional amendment that clarifies that ex-presidents are not guaranteed immunity from federal criminal indictment, trial, conviction or sentencing.

Biden said in an opinion piece published on Monday ahead of his Texas address that "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."

"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."

What prompted the proposed reforms?

The top court has a 6-3 conservative majority. Three of its judges were appointed during Donald Trump's presidential term.

The court took the world by storm in 2022 when it overturned the 1973 Roe v Wade ruling that had underpinned the federal right to abortion. It has also taken other decisions that blocked Biden's agenda on immigration, student loans, vaccine mandates and climate change.

Earlier this year, it significantly scaled back the power of federal agencies. In early July, the court ruled in favor of Republican presidential nominee Trump's immunity claims, under the pretext of being an ex-president.

Court reeling under ethics scandals

Among ethics scandals that plagued the court, Justice Clarence Thomas recently acknowledged that a billionaire Republican donor paid for two luxury vacations he took in 2019.

Moreover, Thomas has remained involved in cases related to the 2020 election, even after his wife's involvement in efforts to overturn the election results in favor of Trump.

Similarly, Justice Samuel Alito has refused to recuse himself from some Trump-related cases, despite flags associated with Trump's false election fraud claims being displayed outside his home and vacation property.

Republicans oppose reforms

A poll from August 2023 showed most Americans supported some form of age limit for Supreme Court justices. Two-thirds of respondents wanted the justices to retire by a certain age.

The likely Democratic nominee, Vice President Kamala Harris, also endorsed the Biden proposal, saying in a statement the reforms are needed because "there is a clear crisis of confidence facing the Supreme Court."

But the proposed reforms are like to face a stiff opposition in the Congress, with Republican House Speaker Mike Johnson calling the proposal "dead on arrival."

Trump dismissed the effort in an interview on Monday as " saying the proposed reforms are "going nowhere."

In turn, Biden said he would "figure out a way" to get it done.

ss, rmt/rc,jsi (AFP, Reuters, AP)