President Joe Biden has hinted at extensive reforms to the Supreme Court during a recent Zoom call with the Congressional Progressive Caucus. The proposed changes come after several controversial court decisions. Biden is reportedly considering term limits for justices and an ethics code with enforcement mechanisms.
During the call, Biden told the progressive lawmakers, “I’m going to need your help on the Supreme Court, because I’m about to come out — I don’t want to prematurely announce it — but I’m about to come out with a major initiative on limiting the court. … I’ve been working with constitutional scholars for the last three months, and I need some help.”
Biden also mentioned the possibility of two new Supreme Court appointments due to retirements, implying a significant shift in the court’s makeup if these positions are filled by a future president like Trump. “Just imagine — if [Trump] has two more appointments on that, what that means forever,” Biden remarked.
Biden also expressed his intention to seek a constitutional amendment to reverse the recent “immunity ruling.” This ruling, issued on July 1, declared that presidents should have limited immunity from prosecution when performing “core” constitutional functions. Rep. Alexandria Ocasio-Cortez (D-NY) has been particularly vocal against this ruling, calling it an “assault on American democracy” and filing articles of impeachment against Justices Clarence Thomas and Samuel Alito.
The ruling was also cited by District Judge Aileen Cannon in Florida when she dismissed the classified-document case against Donald Trump.
Progressive calls for Supreme Court reforms have been growing, especially following decisions like the immunity ruling and the overturning of Chevron deference, which gave regulatory agencies leeway in interpreting ambiguous laws. The appointment of conservative Justice Amy Coney Barrett following Justice Ruth Bader Ginsburg’s death in 2020 has further fueled these demands.
Justice Alito addressed the limitations of congressional power over the Supreme Court last summer, stating, “Congress did not create the Supreme Court — the Constitution did. I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”
He emphasized that the court’s legitimacy could be at risk if it is perceived as politically influenced.
Liberal advocacy groups like Take Back the Court Action Fund argue that reforms are necessary to protect and advance democratic principles. Sarah Lipton-Lubet, the group’s president, stated, “Reforming this broken court is imperative — not just for protecting the hard-won rights of the last century, but for making any progress as a nation in the future.”
While Biden’s plans for Supreme Court reform signal his commitment to significant changes, his ability to execute these reforms and his potential re-election bid remain uncertain. His proposed initiatives, however, indicate a strong push towards altering the Supreme Court’s structure and function should he win another term.
