President Joe Biden and Vice President Kamala Harris are advocating for sweeping changes to the Supreme Court, a move that has ignited strong opposition from moderates and conservatives. In a recent op-ed published in the Washington Post, Biden laid out a plan consisting of three major reforms. The first involves limiting Supreme Court justices to 18-year terms, ensuring a new vacancy every two years. This would end the lifetime tenure that has been a constitutional norm since 1789. Opponents argue that this proposal is unconstitutional, as the Constitution allows federal judges to serve for life unless impeached.
The second proposed change is to impose an ethics code on the Supreme Court, dictated by Congress. Conservatives argue that this measure is designed to sideline conservative justices by frequently forcing them to recuse themselves from important cases, thereby skewing the court’s decisions in favor of liberal viewpoints. They assert that the Supreme Court, being a separate branch of government, cannot be controlled by Congress in this manner.
The third reform aims to remove presidential immunity from criminal prosecution for official acts, a protection confirmed by the Supreme Court in Trump v. United States. While Biden and Harris claim this change is necessary to ensure accountability, conservatives fear it would expose future presidents to continuous legal challenges from political adversaries, weakening the presidency.
Vice President Harris has publicly endorsed these reforms, stating there is a “crisis of confidence” in the Supreme Court due to supposed ethics issues and controversial rulings. However, conservatives dispute these allegations, stating that the reported scandals are overstated and that the court’s practice of overturning precedents is not as frequent as suggested.
Prominent conservatives such as Leonard Leo, co-chairman of the Federalist Society, and Mark Paoletta, a key player in Supreme Court confirmations, have criticized the proposals as unconstitutional and damaging to the separation of powers. They view these changes as an attempt by the Left to undermine a branch of government they do not control.
As the 2024 election draws near, the Biden-Harris proposals are set to bring the Supreme Court to the forefront of political debate, reminiscent of the 2016 election when the court’s future significantly influenced voter decisions.
