President Joe Biden and Vice President Kamala Harris have unveiled a radical plan to overhaul the Supreme Court, sparking backlash from conservative leaders. In an op-ed for the Washington Post, Biden proposed three significant changes. The first is to implement 18-year term limits for Supreme Court justices, creating a new vacancy every two years. This would replace the current lifetime appointments that have been in place since the Constitution’s inception in 1789. Critics argue this change is unconstitutional, as the Constitution grants federal judges the right to hold office for life, barring impeachment.
The second proposal would require the Supreme Court to adhere to an ethics code mandated by Congress. Conservatives view this as an attempt to undermine the court by forcing conservative justices to recuse themselves from key cases, which could result in more liberal decisions. They contend that the Supreme Court, established by the Constitution as an independent branch, cannot be subjected to congressional oversight in this way.
The third reform targets presidential immunity from criminal prosecution for official acts, a protection upheld by the Supreme Court in Trump v. United States. Biden and Harris argue this change is essential for accountability, but conservatives warn it could weaken the presidency by leaving future presidents vulnerable to legal attacks from political opponents.
Vice President Harris has backed these proposals, citing a “crisis of confidence” in the Supreme Court due to alleged ethics violations and contentious rulings. However, conservatives refute these claims, arguing that such scandals are exaggerated and that overturning precedents is not as common as suggested.
Leading conservatives like Leonard Leo, co-chairman of the Federalist Society, and Mark Paoletta, a veteran in Supreme Court confirmations, have condemned the proposals as unconstitutional and harmful to the separation of powers. They see these changes as an effort to dismantle a branch of government that the Left does not control.
With the 2024 election on the horizon, the Biden-Harris proposals could make the Supreme Court a pivotal campaign issue, much like in the 2016 election when the court’s future was a key factor for voters.