Joe Biden announces major plan to reform Supreme Court and axe presidential immunity

Joe Biden

"No one is above the law," Biden warned

Reuters
James Saunders

By James Saunders


Published: 29/07/2024

- 20:07

'We are a nation of laws - not of kings or dictators,' the President wrote

Joe Biden has called for "three bold reforms" to the US Supreme Court and Presidential immunity in a scathing new swipe at Donald Trump.

In a letter to Americans in the Washington Post, Biden called for term limits on Supreme Court justices, a "code of conduct" for said justices, and a change to the country's constitution to clamp down on immunity in office.


The move - made with Donald Trump's Supreme Court ruling in mind - will go up against a deeply divided Congress, meaning the proposals have little chance of passing into law.

But Biden will be hoping he can at least push through his immunity crackdown with the prospect of a second Trump presidency in mind.

Joe Biden

Biden's letter echoed remarks made in his first speech since pulling out of the presidential race

Reuters

In his letter, the 81-year-old Commander-in-Chief vowed to "prevent the abuse of presidential power and restore the public’s faith in our judicial system" - and directly referenced the January 6 Capitol riots to bolster his case.

He said: "If a future President incites a violent mob to storm the Capitol and stop the peaceful transfer of power - like we saw on January 6, 2021 - there may be no legal consequences. And that's only the beginning."

With that in mind, Biden called for a constitutional amendment called the "No One Is Above the Law Amendment" - and, echoing remarks made in his first speech since pulling out of the presidential race, spoke of his country's Founding Fathers.

Biden said: "I share our Founders' belief that the President's power is limited, not absolute. We are a nation of laws - not of kings or dictators."

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Kamala Harris

Biden's letter was followed up by a statement from his choice to replace him in office, Kamala Harris

Reuters

He also called out a lack of public trust and questions over impartiality in the Supreme Court in the wake of "scandals" like "undisclosed gifts to justices from individuals with interests in cases before the court" and "conflicts of interest connected with January 6 insurrectionists".

He urged the adoption of an 18-year term limit for the justices, who currently serve life tenures, with one new justice being voted in every two years - as well as rules requiring them 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.

Biden's letter was followed up by a statement from his choice to replace him in office, Kamala Harris.

Vice-President Harris said: "In our democracy, no one should be above the law. So we must also ensure that no former President has immunity for crimes committed while in the White House."

Donald Trump

The RNC accused Biden of trying to pack the Supreme Court with "far-left, radical judges"

Reuters

The leading Republican in Congress, House Speaker Mike Johnson, called Biden's proposals an effort to "delegitimise the court," and said the changes would not be considered by the chamber - which his party controls.

Johnson said: "This dangerous gambit of the Biden-Harris administration is dead on arrival in the House."

While the Republican National Committee said the proposals were part of a scheme to pack the Supreme Court with "far-left, radical judges".

Biden's proposed Supreme Court term limits and ethics code would require legislation - but it is unlikely to pass Congress, with Democrats controlling the Senate and Republicans holding a majority in the House of Representatives.

And the President's planned constitutional amendment would be even more difficult to enact - requiring two-thirds support from both chambers of Congress or a convention called by two-thirds of the states, and then ratification by 38 of the 50 state legislatures.

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