Biden to launch bid for constitutional amendments targeting SCOTUS, presidential immunity

By 
 July 28, 2024

Despite announcing his withdrawal from the 2024 presidential race, Joe Biden has stepped forward with ambitious plans for the remainder of his term in office.

Much to the outrage of supporters of former President Donald Trump, Biden is poised to propose constitutional amendments targeting the U.S. Supreme Court, spurred in part by the panel's recent decision on presidential immunity, as Fox News reports.

Biden's farewell nod to far left

Though the president has long exhibited a reluctance to advocate for significant change to the nation's highest court, he has undergone something of a turnaround in recent weeks.

Amid a contentious battle for the support of his party that commenced following a disappointing debate performance against Trump, Biden began making a pitch for the hearts and minds of progressives seeking radical changes to the structure and operation of the Supreme Court.

During his Wednesday Oval Office address, Biden reiterated his commitment to pursuing those reforms before leaving office in January, with further details about the plan set to be unveiled this week.

As such, Biden is expected to propose term limits for Supreme Court Justices, the institution of an enforceable code of ethics for the high court, as well as limitations on the immunity granted to presidents and other high officeholders.

The immunity limitations are viewed as a direct response to the Supreme Court's recent decision related to a case involving Trump in which the panel held that president's may not be prosecuted for “official acts” taken while in office.

Significant hurdles ahead

Despite Biden's apparent enthusiasm for the proposed reforms, substantial procedural and legal obstacles stand in the way of their implementation.

Supreme Court term limits could not be enacted without an amendment to the U.S. Constitution, which is a notoriously high bar to clear.

Biden would need to secure a two-thirds majority of the House and Senate before the measure would go to the states for ratification by a three-fourths majority.

Even so, Biden appears firm in his plans to pursue such changes to the court, as evidenced by remarks made to the Congressional Progressive Caucus earlier this month, as CBS News noted.

Speaking about Trump, his presidential campaign, and the recent decision in his immunity case, Biden told lawmakers, “And I mean, if this guy wins, he's not, and now, especially with that Supreme Court giving him the kind of breadth of -- I don't need to get into the Supreme Court right now -- anyway, but I need your help.”

Turley slams move

Though Biden's initiative may find favor among members of his party's far-left flank who have long sought an expansion of the high court, it has drawn significant criticism from legal scholars including prominent commentator and law professor Jonathan Turley, as he explained in a piece for The Hill.

Turley lamented the craven nature of Biden's reform push, saying that it was a shameful gambit launched at a time when the president was fighting to maintain his position within his party and one that regrettably reduced the institution of the Supreme Court to “the latest political commodity” up for grabs in a veritable “political Black Friday clearance.”

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson