Congress can take action to establish 18-year terms for Supreme Court justices and bring regular turnover to the bench. The result would be a more legitimate, ethical Court that better reflects American values.https://t.co/Ssm6Vc9VU0
— Brennan Center (@BrennanCenter) August 3, 2024
President Joe Biden has proposed a series of reforms to the U.S. Supreme Court, sparking controversy and drawing criticism from Republicans. Senate Minority Leader Mitch McConnell compared the proposed changes to the Jan. 6, 2021, attacks on the U.S. Capitol, arguing that they aim to disrupt the traditional transfer of power.
“That’s what some people were trying to do on Jan.
The Supreme Court is mired in scandals. A binding ethics code would help restore public confidence in fairness and impartiality.https://t.co/z3dFJJPZAo
— Brennan Center (@BrennanCenter) August 3, 2024
6 — to break the system of handing an administration from one to the next,” McConnell said in an interview with Punchbowl News. “We can have our arguments, but we ought to not try to break the rules.”
There is no substitute for an independent judiciary, and the left should not be allowed to dress up its attacks as “reform.”
My op-ed in @postopinions: https://t.co/eLF468zMYC— Leader McConnell (@LeaderMcConnell) August 2, 2024
Biden’s reforms include a provision allowing a president to appoint a new justice every two years and implementing a binding code of conduct.
McConnell criticized these measures, suggesting they would be “dead on arrival” in the legislative branch. “I couldn’t be more disappointed. This is a man who was chairman of the Judiciary Committee for a long time.
He absolutely knows what he recommended is unconstitutional, to try to limit the terms of the Supreme Court justices who under the Constitution are appointed for life,” McConnell said. Former Attorney General William Barr echoed McConnell’s sentiment in an op-ed published by Fox News, warning that the campaign to radically change the Court is coming and that current proposals threaten the Constitution and the separation of powers. Vice President Kamala Harris, whom Biden has endorsed for president, has embraced the reforms.
Biden’s Court reforms face opposition
However, Republicans in Congress strongly oppose Biden’s blueprint, and any amendment to the Constitution would face significant hurdles. Biden’s proposed changes include term limits for justices, which involves appointing a new justice every two years, contrasting sharply with his previous opposition to meddling with the high court.
The Constitution clearly states that justices and federal judges hold lifetime appointments until death, retirement, or impeachment. Adam White, a senior fellow at the American Enterprise Institute who served on Biden’s commission in 2021, concluded that term limits would be unwise due to fundamental shifts they would cause in presidential power and the Senate’s role. Despite the dissatisfaction and wealth of ideas, reforming the Court remains a challenging task.
Biden’s proposals include a constitutional amendment to overrule the Court’s decision in Trump v. United States, staggered term limits for justices, and an enforceable code of ethics for the Justices. However, amending the Constitution requires a two-thirds majority in each house of Congress and ratification by three-quarters of the states, making it a difficult process.
The Court would also likely consider itself the arbiter of constitutionality regarding term limits. An enforceable code of ethics for the Justices, which Congress could pass, seems to be the most achievable proposal. It could address issues such as conflicts of interest and strengthen rules on gifts, making the Court seem less shady and more legitimate.
Despite the challenges, Biden’s proposals may encourage a reckoning and spark a conversation about the need for Supreme Court reform. The future of the Court remains uncertain, with the potential for significant changes depending on the outcome of the upcoming presidential election.
