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A constitutional amendment is not easily accomplished. It must either be proposed by a two-thirds vote in both the House and Senate or a constitutional convention is requested by 34 states. From there, 38 state legislatures would have to approve it. The last time an amendment was added to the Constitution was the 27th Amendment in 1992, which concerned changes in pay for Congress.
Biden’s op-ed comes after the Supreme Court ruled earlier this month that former President Donald Trump was entitled to some immunity and that former presidents had absolute immunity for “core” official acts.
SCOTUS term limits
Biden is also pushing Congress to implement 18-year term limits for Supreme Court justices, with presidents appointing a justice every two years, according to the White House official. Currently, justices serve lifetime appointments.
“I served as a U.S. senator for 36 years, including as chairman and ranking member of the Judiciary Committee,” Biden wrote in his op-ed. “I have overseen more Supreme Court nominations as senator, vice president and president than anyone living today. I have great respect for our institutions and separation of powers. What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.”
The official said Biden wants term limits on the Court just as limits were placed on the presidency.
“The United States is the only major constitutional democracy that gives lifetime seats to its high court Justices,” the official added. “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.”
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SCOTUS Code of Conduct
Further, Biden is pressing for a binding and enforceable code of conduct and ethics rules for the high court that would 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 White House official said.
“Supreme Court Justices should not be exempt from the enforceable code of conduct that applies to every other federal judge,” the official argued.
The official said the Presidential Commission on the Supreme Court of the United States provided Biden with analysis on his reform proposals, for which he is thankful.
In November, the court’s nine justices signed a new formal code of conduct, but critics have said it was not binding and merely “a friendly suggestion.”
Biden’s call for SCOTUS reform comes over a year after ProPublica first reported Justice Clarence Thomas received luxury travel and hospitality perks from a billionaire Republican donor, and that Justice Samuel Alito failed to report a luxury vacation he took with a wealthy hedge fund manager who later had business before the Supreme Court.
Alito rebuffed the allegations arguing that the justices “commonly interpreted” rules regarding hospitality “to mean that accommodations and transportation for social events were not reportable gifts.” He also asserted he was not aware of the manager’s connection in the cases that went before the court, and that his conversations with the man were limited and didn’t include his business or that of the court. Thomas said in a statement at the time, “This sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable.”
Last month, the Supreme Court released a new set of financial disclosures that illuminates some of the income and outside court affiliations for justices, though some key information critics say would give a fuller view were not included. At the time, disclosures for Alito and Thomas were not released.
Later that same day, Thomas, for the first time, formally disclosed July 2019 trips to Bali, Indonesia, and the Bohemian Grove Club in California, both paid for by billionaire Harlan Crow. These trips, which included a one-night hotel stay in Bali or three-night stay at the private club, had gone unreported by Thomas.
In May, the New York Times published a photo of an upside-down American flag flying outside the Alitos’ home in Virginia in the weeks after the January 6, 2021, Capitol riots. Rioters and affiliate groups have been known to fly the American flag upside-down as a form of protesting Biden’s 2020 election victory.
At the time, in a statement to the New York Times, Alito said it was his wife, Martha-Ann Alito, who flew the flag in that manner after being offended by a neighbor’s “objectionable” yard signs.
The reports of the flag came as a Jan. 6-related case was before the Supreme Court.
On Sunday, prior to Biden’s announcement, Republican Sen. Lindsey Graham of South Carolina was asked by CBS if he would work with the president on court reform. Graham rejected the idea, saying Democrats are trying “to undercut the conservative court.”
Pressed directly on if he supported term limits, Graham said, “No, no, no, no, no.”
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