Joe Biden has called for a series of reforms to the US supreme court, including the introduction of term limits for justices and a constitutional amendment to remove immunity for crimes committed by a president while in office.
In an op-ed published on Monday morning, the president said justices should be limited to a maximum of 18 years’ service on the court rather than the current lifetime appointment, and also said ethics rules should be strengthened to regulate justices’ behavior.
The call for reform comes after the supreme court ruled in early July that former presidents have some degree of immunity from prosecution, a decision that served as a major victory for Donald Trump amid his legal travails.
“This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States,” Biden wrote.
“I served as a US senator for 36 years, including as chairman and ranking member of the Judiciary Committee. 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.”
Biden called for a “no one is above the law” amendment to the constitution, which would make clear that no president is entitled to immunity from prosecution by virtue of having served in the White House. Biden also said justices’ terms should be limited to 18 years, under a system where a new justice would be appointed to the supreme court by the serving president every two years.
The president also called for stricter, enforceable rules on conduct which would require justices to disclose gifts, refrain from political activity, and recuse themselves from cases in which they or their spouses have financial interest.
Last week Justice Elena Kagan called for the court to strengthen the ethics code it introduced in 2023 by adding a way to enforce it. That code was introduced after a spate of scandals involving rightwing justices on the court: Clarence Thomas was found to have accepted vacations and travel from a Republican mega-donor, while Samuel Alito flew on a private jet owned by an influential billionaire on the way to a fishing trip.
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Legislation would be required to impose term limits and an ethics code on the Supreme Court, but it is unlikely to pass the current divided Congress.
The constitutional amendment on presidential immunity 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.
Reuters contributed to this report