Members of the powerful US Supreme Court must, if it is up to President Joe Biden, give up some of their unassailable position. Biden proposed on Monday that justices of that court no longer be appointed for life, but for 18 years. And there must be rules of conduct applicable to them.
Such ideas have long existed among legal experts and members of Congress, especially on the progressive side. But the fact that a president is now supporting it is special. And especially when it comes from Joe Biden, who has so far opposed it.
“I have great respect for our institutions and the separation of powers,” he wrote in an op-ed in the Washington Post“But what is happening now is not normal and undermines public confidence in the court’s decisions.”
Inciting a violent mob
Biden is referring to both recent rulings and the huge donations from wealthy businessmen to some judges.
The president is particularly upset by the court’s decision that Donald Trump cannot be prosecuted for any crimes he committed as president if he used his official powers. “From now on, the only restrictions are those imposed on the person occupying the Oval Office. If a future president incites a violent mob to storm the Capitol and block the peaceful transfer of power – as we saw on January 6, 2021 – then there may be no criminal consequences.”
To overturn that decision, Biden wants Congress to pass an amendment to the Constitution that would rule out such immunity.
Flag and gifts
Two conservative justices voted in favor of that immunity decision, while their wives openly sided with Trump in his complaint that the 2020 election was unfair. Martha-Ann Alito flew flags used by Trump supporters at both of her homes. And shortly after that election, Ginny Thomas encouraged Trump staffers to challenge the results.
Both justices were also discredited because they accepted expensive gifts from wealthy businessmen who had a direct or indirect interest in the cases before the court. Clarence Thomas in particular made use of this. Vacation trips, free housing for his mother and paying for a cousin’s expensive college tuition added up to at least $4 million.
Under Biden’s proposed rules, judges would be required to disclose those donations and recuse themselves from cases if they appear unable to be objective.
Federal judges in the United States are appointed for life. But legally it seems possible to force them to change their position.
Under Biden’s proposal, a Supreme Court member could be transferred to a lower court after eighteen years. The proposed eighteen-year term ensures that the court is not immediately replaced every four or eight years by justices who have the political color of a new president, but it does keep up with political and cultural developments in the country with some delay.
Small chance
The chances of Biden’s proposed constitutional amendment on presidential criminal liability also being implemented are slim. It must be approved by a two-thirds majority in Congress and then ratified by at least 38 of the 50 states. Republicans will see this as a direct attack on Donald Trump.
In any case, Biden’s other proposals don’t have much of a chance this year, but perhaps next year if Democrats maintain control of both the White House and the Senate and win a majority in the House of Representatives.
The court’s standing in the public eye has declined sharply in recent years, especially after it ended nationwide abortion rights in 2022. Biden is likely hoping his proposals will help Democrats, including his new presidential nominee, Kamala Harris, in the November election.
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