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After officially dropping out of the presidential race, President Joe Biden is grasping at his last few months in power. On July 29, Biden announced his new plan calling for major Supreme Court (SCOTUS) reforms. 

Six of the nine current justices were appointed by Republican presidents. Former President Donald Trump has appointed three justices. Both Amy Coney Barrett and Brett M. Kavanaugh were met with extreme controversy from the left following their appointment. On the other hand, Biden has only nominated one justice so far — Ketanji Brown Jackson, an Associate Justice. Many have called the current court the most conservative in history. 

The official statement released on Monday from the White House holds a lot of information, however, the most important section argues for establishing 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,” the statement said. 

The Biden administration continues to make several arguments justifying the reform — from more predictable nominations to ensuring that each president gets a chance to influence the court’s makeup. It’s easy to see where this discontent comes from, as stated earlier, Biden has only had one chance in his term to nominate a new justice. 

“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,” the statement said. “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.”

Besides term limits, Biden also urges that the justices be held to a higher standard by suggesting a new binding code of conduct.

“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,” the statement said.

In addition to the SCOTUS reforms, Biden made a bold statement calling out Trump without mentioning his name. Biden calls for no immunity to be granted for any crimes that a former president committed in office. I wonder who Biden could be referring to… 

“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,” The statement said. “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.”

In the eyes of the Biden administration, this is an action to strengthen American democracy. In 2022, SCOTUS made waves by overturning Roe v. Wade. The administration also touches on ethics controversies, a topic that has made news in Washington. Justice Clarence Thomas going on luxury trips without disclosing them is one of many occasions of justices not holding themselves to a higher standard. 

Additionally, one might argue that the law is an ever-changing endeavor — as the world changes, so should the law. In 1951, the 22nd Amendment was passed, putting a two-term limit on the role of the president. Today, the presidential term limit is not controversial. Times will change, and so should the law. Is it time to update SCOTUS and put in place term limits?

On the other hand, traditionalists are extremely opposed to this idea. Biden’s reform is not what the Constitution spells out, nor is it something that the founding fathers intended. How could Biden tear down an essential part of democracy?

“It is telling that Democrats want to change the system that has guided our nation since its founding simply because they disagree with some of the court’s recent decisions,” Speaker Mike Johnson said. 

No matter where one stands on the matter, it’s a noteworthy proposition. It’s unlikely his reform will go anywhere in Congress. It’s late in Biden’s term and Congress is divided. The process will be complicated and long, how could something so impactful be passed in a short time?