President Joe Biden dropped out of the presidential race, but he still wants to make some big changes before leaving office.
On Monday, President Biden unveiled a proposal for changes to the U.S. Supreme Court. These changes would limit the length of time a justice can serve. They also would create an ethics code for the Supreme Court’s nine judges. To some people, these suggestions sound like a good way to smooth out a sometimes rocky system. To others, they look like an attempt to restrain a largely conservative court.
Supreme Court justices currently serve for life unless they pass away or choose to resign. This creates unpredictability. Some presidents, such as Donald Trump, nominated several justices due to surprise vacancies. Other presidents, such as Jimmy Carter, didn’t get to nominate any Supreme Court justices at all.
President Biden’s first proposal would create term limits for Supreme Court justices. Each judge would serve for 18 years. The sitting president would appoint a new justice every two years. Conservative justices would be the first to feel this change. Three of them are already past the 18 year mark.
Both conservative and liberal thinkers have championed the idea of Supreme Court term limits. In a poll from last summer, 82% of Democrats and 57% of Republicans supported such an idea. But in the charged atmosphere of an election year, will lawmakers agree?
President Biden’s second proposal suggests an ethics code. It would require justices to declare any large gifts they receive to avoid the appearance of bribery. Justices would also be barred from public political activity. Finally, they would be required to sit out cases in which they have a conflict of interest. (A conflict of interest happens when someone’s personal concerns—such as family, friendships, or finances—influence his or her decisions.)
That proposal also brings difficulties. How do you enforce rules for the nation’s highest court? Who would judge the judges? Those questions remain up in the air.
Lastly, President Biden called on Congress to create a new constitutional amendment. The Supreme Court ruled this year that U.S. presidents cannot be legally punished for official actions. President Biden’s proposed amendment would undo this ruling. However, passing a constitutional amendment is no easy feat—and that’s by design. The U.S. Constitution is the highest law of the land. Congress hasn’t amended it for 32 years.
President Biden claims the American people have lost confidence in the Supreme Court. He says his proposals will help rebuild trust.
Most of the growing dissatisfaction comes from Democrats unhappy with recent court rulings. Conservatives hold a 6-3 majority on the Supreme Court, leading to more conservative decisions.
Predictably, former President Trump disagrees with President Biden’s plan. He accuses President Biden of trying to “play the ref”—to win the game by changing the rules.
With Congress closely split between Republicans and Democrats, and with the election just months away, President Biden’s plan has little chance of approval. Even if approved, would it truly help win back the trust of average Americans? Or would it deepen the political divide?
No matter what happens, pray that our judges will judge justly. Ask God to give them wisdom in their decisions.
You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but in righteousness shall you judge your neighbor. — Leviticus 19:15
