In a move ahead of the 2024 presidential election, US President Joe Biden has proposed major reforms to the Supreme Court and presidential immunity. In an op-ed published by the Washington Post, Biden outlined a three-part plan aimed at overhauling the structure and ethical standards of the nation's highest court and redefining the scope of presidential immunity.
The President's plan seeks to end lifetime appointments to the Supreme Court by introducing term limits. Biden proposes that each president be allowed to appoint a justice every two years, with each justice serving an 18-year term. This approach, according to Biden, would ensure regular changes in the court's composition, making the timing of nominations more predictable and reducing the potential for any single presidency to have a disproportionate impact on the court's long-term makeup.
The plan also includes the establishment of a code of ethics for Supreme Court justices. This code would require justices to disclose gifts, prohibit them from engaging in political activities, and mandate recusal from cases where they or their spouses have a financial or conflict of interest.
However, Biden's ambitious proposal is expected to face significant challenges. The process of passing a constitutional amendment is notoriously difficult, requiring a two-thirds majority vote in both the House and Senate or a constitutional convention requested by 34 states. Additionally, 38 state legislatures would need to ratify the amendment. The last successful amendment to the Constitution, the 27th Amendment, was ratified in 1992 after a lengthy process.
Biden emphasized the importance of these reforms for maintaining public trust in the judiciary, stating, "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."
If President Biden's proposal for term limits on Supreme Court Justices passes a constitutional amendment and is applied retroactively, several current Justices would potentially be affected based on the duration of their service. Biden's proposal suggests an 18-year term limit for Supreme Court Justices. Here's how it would affect the current Justices based on their time served if hypothetically, it applies today:
1. Justice Clarence Thomas - Appointed in 1991 by President George H.W. Bush, Justice Thomas has served for over 32 years, making him the longest-serving current Justice. Under an 18-year term limit, his term would have ended in 2009.
2. Justice Samuel Alito - Appointed in 2006 by President George W. Bush, Justice Alito has served for over 18 years. His term would have ended in 2024 under the proposed limits.
3. Chief Justice John Roberts - Appointed in 2005 by President George W. Bush, Chief Justice Roberts has served for nearly 19 years. His term would have ended in 2023 under the proposed limits.
4. Justice Sonia Sotomayor - Appointed in 2009 by President Barack Obama, Justice Sotomayor has served for nearly 15 years. She would still have a few years remaining under an 18-year term limit.
5. Justice Elena Kagan - Appointed in 2010 by President Barack Obama, Justice Kagan has served for nearly 14 years. She would still have several years remaining under an 18-year term limit.
6. Justice Neil Gorsuch - Appointed in 2017 by President Donald Trump, Justice Gorsuch has served for 7 years. He would still have over a decade remaining under an 18-year term limit.
7. Justice Brett Kavanaugh - Appointed in 2018 by President Donald Trump, Justice Kavanaugh has served for 6 years. He would still have a significant portion of his term remaining under an 18-year limit.
8. Justice Amy Coney Barrett - Appointed in 2020 by President Donald Trump, Justice Barrett has served for 4 years. She would still have most of her term remaining under an 18-year limit.
9. Justice Ketanji Brown Jackson - Appointed in 2022 by President Joe Biden, Justice Jackson has served for 2 years. She would still have nearly her entire term remaining under an 18-year limit.
The President's call for reform comes at a time when public confidence in the Supreme Court is being questioned. A 2022 poll conducted by the Associated Press revealed that 67% of Americans support imposing term limits on Supreme Court justices, with support from both Democrats (82%) and Republicans (57%).
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