Getty ImagesJoe Biden criticized the Supreme Court’s “extreme opinions” as he proposed sweeping reforms that would include eliminating lifetime appointments.
The proposals follow a series of major decisions by the current conservative-dominated court, including upending the constitutional right to abortion and granting the president broad immunity from prosecution for “official conduct.”
Biden proposes 18-year terms for judges and an enforceable ethics code “to restore trust and accountability.”
However, he faces an uphill task in gaining congressional approval given that Republicans control the House.
Democrats hope the push for reform will help motivate voters ahead of the November election.
It has also been dogged by accusations of judicial ethics violations, particularly after reporters investigated Judge Clarence Thomas for failing to report gifts.
Under current rules, the Supreme Court’s nine justices serve for life, with new justices appointed by the current president when a member retires or dies. Donald Trump has appointed three judges during his four-year term.
Biden slams ‘extreme views’
Speaking in Austin, Texas, on Monday, Biden said the “extreme opinion” handed down by the court “undermines the law and establishes civil rights principles and protections.”
The president added that the court was “in a moral crisis,” citing conflicts of interest among the judges.
“I am convinced we need these reforms to restore trust in the courts and preserve the checks and balances that are so important to our democracy,” he said.
This speech commemorates the 60th anniversary of the passage of the Civil Rights Act.
Biden said in an article published in the Washington Post earlier in the day that “what is happening now is not normal.”
“This undermines public confidence in court decisions, including those affecting individual liberty,” he wrote. “We’re at the breaking point right now.”
Mr. Biden proposes appointing a new justice to the Supreme Court every two years for an 18-year term. Reform advocates have previously said such a staggered system would help depoliticize the courts.
The president also wants Congress to enact new ethics rules that would force judges to disclose gifts and avoid overt political activity.
Although the court issued an ethics code for the first time in its history last year, it has no enforcement mechanism.
Finally, Biden hopes to pass an amendment to the U.S. Constitution that would overturn the Supreme Court’s July 1 ruling that said Donald Trump and other former presidents were immune from criminal prosecution.
In the controversial ruling, court judges found that the president enjoys immunity from “official acts” but not from “unofficial acts.”
In the article, Biden said the proposed amendment – which he called “no one above the law” – would “make clear that former presidents do not enjoy immunity for crimes committed while in office.”
“I share the belief of our founders that the power of the president is limited, not absolute,” he wrote. “We are a country ruled by law, not a king or a dictator.”
Top Republicans call reform “DOA”
Republicans have delayed efforts to reform the courts.
In a statement on Monday, the Trump campaign accused President Joe Biden and Vice President and presumptive Democratic nominee Kamala Harris of working to “undermine the legitimacy of the court.”
“This is all part of Kamala’s plan to fill the Supreme Court with far-left, radical justices who will make decisions based on politics and now the law,” Trump’s statement said.
On Sunday, South Carolina Senator Lindsey Graham told BBC US partner CBS that when a group of more liberal judges “come up with views that they like,” Democrats don’t No effort was made.
Earlier this month, Trump also described court reform efforts as an “illegal” and “unconstitutional” attack on a “sacred” institution.
“Democrats are seeking to interfere in our presidential election and destroy our judicial system by attacking their political opponents, me, and our esteemed Supreme Court,” he wrote.
“We must fight for our fair and independent courts and protect our country.”
Republican House Speaker Mike Johnson said the proposal “died on arrival” in the House. In his reply, Biden said Johnson’s “idea was dead on arrival.”
Senate Republicans also condemned Biden’s proposals, with Ted Cruz of Texas calling them “an attack on the court’s legitimacy.”
Missouri’s Josh Hawley said it was a “massive attack on the courts” that would “destroy the institution.”
Sen. Elizabeth Warren, D-Mass., said the reform plan puts the future of the Supreme Court “on the ballot” in November’s presidential election.
Professor Daniel Ullman, who teaches law and public policy at Northeastern University in Boston, called the proposal “too little, too late.”
Professor Ullman told the BBC: “Lame-duck presidents rarely achieve major legislative victories, and even then Republicans who are satisfied with the current Supreme Court control the House of Representatives.”
“The interesting question is [Vice President] Harris will address this issue during the campaign,” he added. “Court reform is very popular, especially term limits.
