Despite rising concerns over the accountability of the Supreme Court, President Joe Biden is exploring the possibility of introducing term limits for justices and establishing a legally enforceable ethics code, according to sources familiar with his plans.
This potential policy shift represents a departure from Biden’s previous stance as the former head of the Senate Judiciary Committee, where he had been reluctant to engage in efforts to reform the high court.
The president is reportedly working with constitutional scholars
However, recent dissatisfaction with the court’s rulings, particularly those overturning longstanding precedents on abortion and regulatory powers, has propelled these ideas into the forefront of his agenda.
Biden’s consideration of these reforms, which includes the prospect of advocating for a constitutional amendment to limit presidential immunity—a concept recently highlighted by Trump’s claims of protection from prosecution for the January 6 Capitol riot—reflects growing Democratic frustration.
The president is reportedly working with constitutional scholars to develop these proposals, which could serve as a powerful campaign issue in the upcoming election. With the current Congress divided, any substantial changes to the Supreme Court would face formidable obstacles.
Nevertheless, Biden’s potential proposals are aimed at energizing his base by challenging the conservative majority that Trump has shaped with three of his judicial appointments. A 2022 poll revealed that roughly two-thirds of Americans support the idea of term limits or a mandatory retirement age for Supreme Court justices, underscoring a widespread desire for reform.
Recent data further indicates a decline in public confidence in the Supreme Court, with 40% of Americans expressing little trust in the justices, and a majority believing that ideological biases influence the court’s decisions.
Although the Supreme Court adopted a code of ethics in November, it imposes no new legal requirements and relies on voluntary adherence by the justices themselves. In the past, Republicans have methodically worked to reshape the federal judiciary, a strategy that paid off under Trump’s presidency, leading to a n important conservative shift in the courts.
In response, Biden has prioritized judicial nominations, achieving a record number of appointments and highlighting these accomplishments as part of his reelection campaign. Trump, in a recent Truth Social post, dismissed Biden’s potential reforms as a partisan attack, framing them as an attempt to undermine the judicial system and his own legal standing.
“The Democrats are attempting to interfere in the Presidential Election, and destroy our Justice System, by attacking their Political Opponent, ME, and our Honorable Supreme Court,” Trump declared, rallying his supporters against the proposed changes.
As Biden considers these ambitious reforms, the conversation around Supreme Court accountability continues to evolve, reflecting broader debates over the role of the judiciary in American democracy.
