Biden’s Proposal for Supreme Court “Reform”

I presume that Biden is making these proposals now to improve the chance that a Democrat will win the Presidency in 2024, and therefore get a shot at retaking the majority in the House and retaining the majority in the Senate.

I won’t discuss the wisdom of these proposals; many others have clearly explained why they are not wise, but I have been wondering what process would be needed to make them law.

From what I already knew and have read, the chances are slim and none. A Constitutional amendment would be required in one case, and super majority votes in Congress for the others. See the summary, below.

Here is his proposal, as outlined on whitehouse.gov:

  1. No Immunity for Crimes a Former President Committed in Office: President Biden shares the Founders’ belief that the President’s power is limited—not absolute—and must ultimately reside with the people. He is calling for a constitutional amendment that makes clear no President is above the law or immune from prosecution for crimes committed while in office. This No One Is Above the Law Amendment will state that the Constitution does not confer any immunity from federal criminal indictment, trial, conviction, or sentencing by virtue of previously serving as President.
  1. Term Limits for Supreme Court Justices: Congress approved term limits for the Presidency over 75 years ago, and President Biden believes they should do the same for the Supreme Court. The United States is the only major constitutional democracy that gives lifetime seats to its high court Justices. Term limits would help ensure that the Court’s membership changes with some regularity; make timing for Court nominations more predictable and less arbitrary; and reduce the chance that any single Presidency imposes undue influence for generations to come. President Biden supports a system in which the President would appoint a Justice every two years to spend eighteen years in active service on the Supreme Court.
  1. Binding Code of Conduct for the Supreme Court: President Biden believes that Congress should pass binding, enforceable conduct and ethics rules that require Justices to disclose gifts, refrain from public political activity, and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. Supreme Court Justices should not be exempt from the enforceable code of conduct that applies to every other federal judge.

This article in The Epoch Times summarizes what would be required to adopt Biden’s proposals into law:

For President Biden to be successful, his proposals would require 60 votes for passages in the Senate. His proposed constitutional amendment faces additional hurdles, including two-thirds support in both chambers of Congress, or by a convention of two-thirds of the states, and then approval by three-fourths of state legislatures.

The constitutional amendment (thank God) would be practically impossible to enact. The others would require a very significant increase in the number of Democrat senators. Let’s pray that doesn’t happen.

This entry was posted in 2024 Presidential Race, Biden Corruption, Congress, Democrat corruption, Supreme Court. Bookmark the permalink.

1 Response to Biden’s Proposal for Supreme Court “Reform”

  1. Re-Farmer's avatar Re-Farmer says:

    Well, that first one is based on a lie about what the SCOTUS ruled when it came to immunity. Using the more general term “while in office”, belies that the ruling was very specific as to the limitations of immunity.

    Term limits on a SCOTUS judge *sounds* good, in principle, but for a president to be able to appoint a new Justice every two years? And an 18 year limit? Have an age limit, sure, but this is insane.

    Aren’t SCOTUS judges already under codes of conduct?

    Also, if those codes of conduct for all judges were enforced, Trump would never have gone through all those kangaroo court cases.

    Liked by 1 person

Leave a reply to Re-Farmer Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.