Biden criticizes ‘extreme’ Supreme Court in reform efforts

Joe Biden has criticized the Supreme Court’s “extreme opinions” as he proposes sweeping reforms that include abolishing lifetime appointments.

The proposals come after the now conservative-dominated court handed down a series of landmark decisions, including overturning constitutional abortion rights and granting the president immunity from prosecution for “official acts.”

Mr Biden has proposed 18-year terms for judges and an enforceable ethics code “to restore trust and accountability”.

However, he faces a difficult task of winning approval from the Republican-controlled House of Representatives.

Democrats hope that pushing for reform can help turn out voters ahead of November’s election.

The case has also been accused of violating judicial ethics, especially after journalists investigated Justice Clarence Thomas for failing to report the gifts.

The court’s nine justices serve for life under current rules, and new appointments are made by the sitting president when a member retires or dies. Donald Trump has appointed three justices in his four years in office.

In a speech on Monday in Austin, Texas, Mr Biden said “extreme opinions” handed down by the court “have undermined the rule of law and established principles and protections for civil rights”.

The president added that the court was “bogged down in an ethical crisis,” citing conflicts of interest among judges.

“I am absolutely convinced that we need these reforms to restore confidence in the courts and maintain the system of checks and balances that is so important to our democracy,” he said.

Speech marking the 60th anniversary of the Civil Rights Act.

In an article published earlier in the day in the Washington Post, Mr. Biden said “what is happening now is not normal.”

“It undermines public confidence in court decisions, including those affecting individual liberties,” I wrote. “We are now facing a danger.”

Mr Biden has proposed appointing a new justice to the court every two years, who would serve for 18 years. Reform advocates have previously suggested that such a staggered system would help depoliticise the court.

The president also wants Congress to establish a new ethics code that would require judges to disclose gifts and avoid overt political activities.

Although the court issued its first-ever code of ethics last year, there is still no enforcement mechanism.

Ultimately, Mr. Biden hopes to pass an amendment to the U.S. Constitution that would overturn the July 1 ruling in which the Supreme Court declared Donald Trump and other former presidents immune from criminal prosecution.

In this controversial ruling, the court’s judges found that the president is immune for “official acts” but not for “unofficial acts.”

In his post, Mr Biden said the proposed amendment – ​​which he called “No One is Above the Law” – would “make clear that there is no immunity for crimes committed by a former president while in office”.

“I share the Founders’ belief that presidential power is limited, not absolute,” he wrote. “We are a nation of laws — not kings or dictators.”

Republicans have opposed efforts to reform the courts.

In a statement released Monday, the Trump campaign accused President Biden and vice president — and potential Democratic nominee — Kamala Harris of working to “undermine the legitimacy” of the court.

“This is all part of Kamala’s plan to put radical, far-left justices on the Supreme Court who will make decisions based on politics, now the law,” Trump’s statement said.

On Sunday, South Carolina Senator Lindsey Graham told CBS, the BBC’s US partner, that Democrats were making no effort to do so while a more liberal-leaning group of judges were “putting out opinions they like”.

Earlier this month, Trump also described court reform efforts as an “illegal” and “unconstitutional” attack on the “sacred” institution.

“The Democrats are attempting to interfere in our presidential election and destroy our justice system by attacking their political opponent, me, and our esteemed Supreme Court,” he wrote.

“We must fight for fair and independent courts, and protect our country.”

Republican House Speaker Mike Johnson called the proposal “dead at birth” in the House. In response, Biden said Johnson’s “thinking is dead at birth.”

However, Professor Daniel Urman, a lecturer in law and public policy at Northeastern University in Boston, described the proposal as “too little, too late”.

“It is rare for lame duck presidents to win big legislative victories, and even when they do, Republicans, who are happy with the current Supreme Court, still control the House of Representatives,” Professor Urman told the BBC.

“What is the interesting question? [Vice President] Harris will address this issue on the campaign trail,” he added. “Court reform is quite popular, especially term limits.”