Some interesting, if unworkable, ideas.
WaPo (“Biden set to announce support for major Supreme Court changes“):
President Biden is finalizing plans to endorse major changes to the Supreme Court in the coming weeks, including proposals for legislation to establish term limits for the justices and an enforceable ethics code, according to two people briefed on the plans.
He is also weighing whether to call for a constitutional amendment to eliminate broad immunity for presidents and other constitutional officeholders, the people said, speaking on the condition of anonymity to discuss private deliberations.
The announcement would mark a major shift for Biden, a former chair of the Senate Judiciary Committee, who has long resisted calls to make substantive changes to the high court. The potential changes come in response to growing outrage among his supporters about recent ethics scandals surrounding Justice Clarence Thomas and decisions by the new court majority that have changed legal precedent on issues including abortion and federal regulatory powers.
Biden previewed the shift in a Zoom call Saturday with the Congressional Progressive Caucus.
“I’m going to need your help on the Supreme Court, because I’m about to come out — I don’t want to prematurely announce it — but I’m about to come out with a major initiative on limiting the court. … I’ve been working with constitutional scholars for the last three months, and I need some help,” Biden said, according to a transcript of the call obtained by The .
Term limits and an ethics code would be subject to congressional approval, which would face long odds in the Republican-controlled House and a slim Democratic majority in the Senate. Under current rules, passage in the Senate would require 60 votes. A constitutional amendment requires even more hurdles, including two-thirds support of both chambers, or by a convention of two-thirds of the states, and then approval by three-fourths of state legislatures.
AP (“Biden seriously considering proposals on Supreme Court term limits, ethics code, AP sources say“) adds:
It would mark a major shift for Biden, the former head of the Senate Judiciary Committee, who has long resisted calls to reform the high court, though since taking office he has been increasingly vocal about his belief that the court is abandoning mainstream constitutional interpretation. The details were first reported by The .
