In an address to the nation about abandoning his reelection campaign, President Joe Biden mentioned Supreme Court reform as one of the priorities he would pursue in the remainder of his term. Last Monday, Biden fleshed out that commitment with proposals that deserve — but aren’t receiving — bipartisan support.
In an initiative endorsed by Vice President Kamala Harris, the presumptive Democratic presidential nominee, Biden proposed three changes: term limits for members of the Supreme Court, who now serve until they choose to retire; a binding and enforceable code of conduct for justices; and a “No One Is Above the Law” constitutional amendment. Such an amendment would essentially overrule the court’s disastrous decision granting immunity from criminal prosecution to Donald Trump and future former presidents for their “official acts.”
Biden’s proposals would benefit a court that has undermined its credibility with major decisions in which Republican appointees vote one way and Democratic appointees another. Further damage to the court’s image has been inflicted by a selection process for justices that has been marred by naked partisanship and the use of court appointments to engineer desired results.
Trump, who said in 2016 that he would appoint “pro-life” justices, has boasted that “I was able to kill Roe vs. Wade,” the abortion rights ruling that was overruled in 2022 in a decision joined by his three appointees.