Discussion on Reducing Immunity for the President and Other Senior Government Officials
U.S. President Joe Biden is pushing for reforms to the conservative-leaning federal Supreme Court, including imposing term limits on justices.
The Washington Post (WP) reported on the 16th (local time), citing multiple sources, that President Biden is reviewing reform proposals that include term limits for Supreme Court justices and the introduction of a code of ethics. The reform plan is expected to be unveiled within the next few weeks.
Activists are holding pro and anti demonstrations on women's abortion rights in front of the United States Supreme Court in Washington DC. [Image source=Yonhap News]
The confirmed reform proposals so far include imposing term limits on the nine justices of the federal Supreme Court, who currently hold effectively lifetime appointments, and establishing enforceable ethical guidelines. Sources also confirmed that discussions are underway about amending the Constitution to reduce broad immunity protections for high-ranking government officials, including the president.
Under the current U.S. Constitution, the nine justices who make up the federal Supreme Court do not have specified term limits. They can serve "as long as they uphold the law" and maintain lifetime tenure unless they resign voluntarily or are impeached. For example, former Justice Ruth Bader Ginsburg refused to step down despite her advanced age until her death in 2020.
Last weekend, President Biden held a video conference with members of the Congressional Progressive Caucus, stating, "Over the past three months, I have been working with constitutional scholars on this reform," and added, "It will be announced soon, so I will need your help." However, he did not disclose specific details during the meeting.
WP assessed that these reforms could mark a significant turning point for President Biden, who previously served as chairman of the Senate Judiciary Committee. He has long argued that substantial reform of the Supreme Court is necessary.
In particular, criticism of the conservative-leaning Supreme Court is strong among Democratic supporters locally. The Court overturned the 2022 Roe v. Wade decision that guaranteed women's abortion rights, and recently recognized immunity for former President Donald Trump regarding official acts during his tenure amid judicial risks.
In this context, President Biden appears to view the current system?where the ideological composition of the federal Supreme Court is influenced by the administration's political leaning?as problematic. Additionally, recent ethical controversies, such as conservative Justice Clarence Thomas receiving support from Republican donors for luxury trips, have strengthened calls for reform.
Local media reported that the reform proposals could help President Biden regain support among progressive Democrats. The New York Times (NYT) pointed out, "The Supreme Court, with a conservative majority of 6 to 3, overturned the Roe v. Wade decision, blocked gun control measures, eliminated affirmative action in college admissions, disregarded legal precedents, and weakened LGBTQ rights." It also noted that "several justices have been at the center of ethical scandals." The NYT emphasized, "President Biden could appeal to his supporters with the Supreme Court reform plan," adding that "polls show a majority support term limits and a code of ethics for the Court."
However, since congressional approval is essential for Supreme Court reform, its realization is expected to be difficult. The Republican-majority House of Representatives and the narrowly Democratic-controlled Senate are unlikely to pass the reforms. Sixty votes are required in the Senate for passage. The possibility is even lower for constitutional amendments, which require two-thirds approval in both the House and Senate, followed by ratification from three-fourths of state legislatures.
Former President Donald Trump, the Republican presidential nominee, criticized the report immediately after it was released. Through his social media account on Truth Social, he stated, "The Democrats are demanding an illegal and unconstitutional attack on our sacred Supreme Court," and asserted, "We must fight for a fair and independent Supreme Court."
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