Biden announces plans for sweeping Supreme Court reform
Biden's Plan, given the current majority dynamics in the US Congress, seems to have little chance of implementation in the near future. It would require the support of Trump's Republicans, who currently hold the majority in the House of Representatives.
In an op-ed for the "Washington Post", Biden justified his reform proposal by stating that the US was built on the "simple yet profound principle" that no one is above the law, including the president and Supreme Court justices. He criticized the current situation, saying, "What's happening is not normal and is eroding the public's trust in the Court's decisions."
Vice President Kamala Harris expressed her support for Biden's plans. She stated that the Supreme Court is in a "clear crisis of confidence" and that the reforms would help restore trust in the Court, strengthen democracy, and ensure that no one is above the law. By doing so, she made it clear that she would continue pursuing these plans if elected president.
Biden's proposals come in the wake of several highly controversial decisions by the conservative-majority Supreme Court, such as the reversal of the nationwide right to abortion in July 2022 and the decision granting broad immunity to current and former presidents from criminal prosecution earlier this month. This decision, requested by Trump, was hailed by the former president as a major victory.
Biden's reform concept includes implementing a rotation system in the nine-member Supreme Court. The president would nominate a justice every two years for an 18-year term, reducing the likelihood of "disproportionate influence" on the Court during a presidency that spans generations. The White House explained that this would also increase the diversity of the Court.
Currently, there is a clear conservative majority of six justices against three liberal justices. Three justices were nominated by Trump during his term, contributing to the clear dominance of the conservative bloc on the Court.
Later on Monday, Biden was expected to deliver a speech in Texas outlining his reform plans in more detail. He is also calling for a "mandatory, enforceable" ethics code for the justices. The behavior of some Supreme Court justices has drawn criticism. Conservative justice Samuel Alito has been criticized for having flags flown outside his home that are also used by fanatical Trump supporters.
Conservative justice Clarence Thomas has also come under pressure after it was revealed that he accepted luxury trips and private flights from a Republican billionaire. Additionally, questions have been raised about his impartiality due to his wife's conservative activism and her promotion of Trump's false claims about the 2020 election.
Biden is now calling for Supreme Court justices to recuse themselves from cases in which they or their spouses have financial or other conflicts of interest.
The legal expert Steven Schwinn from the University of Illinois at Chicago, however, assesses the likelihood of Biden's proposal being realized as "virtually zero." Schwinn told the news agency AFP that Biden's aim is likely to make the Supreme Court a "campaign issue."
The Court of Justice, as a target of Biden's reform proposals, could potentially face changes under the proposed rotation system, allowing for a more diverse bench every two years with an 18-year term. The Court, currently facing criticism over controversial decisions and ethical concerns, may be required to adhere to a mandatory, enforceable ethics code, avoiding conflicts of interest and promoting impartiality.
