Latest polls reveal an unexpected twist: a significant portion of Republicans backs President Joe Biden’s new Supreme Court reform initiatives, released on July 29. This plan comes on the heels of contentious Supreme Court decisions and allegations of misconduct among certain justices. As Biden prepares to step down and endorse Vice President Kamala Harris for the presidency, he emphasizes the importance of these reforms for the future of democracy.
The reform package proposes a constitutional amendment to ensure no former president escapes accountability for misconduct while in office. It also suggests an 18-year term limit for justices—currently, they serve for life—and mandates a binding code of conduct, which would require justices to declare gifts, refrain from political involvement, and recuse themselves in conflicts of interest.
In a recent USA Today / Ipsos poll conducted over the weekend, 70% of Republicans backed the proposed code of conduct. Additionally, 54% supported the accountability amendment, and 51% favored term limits. The support is even higher among Democrats and independents, with 89% of Democrats and 75% of independents endorsing the code of conduct, and similar levels of enthusiasm for the other proposals.
Why the Need for Reform?
Biden’s push for the “No One Is Above the Law Amendment” stems from a Supreme Court decision on July 1, asserting that former presidents have immunity for official acts but not for unofficial actions. This decision arises from legal challenges faced by former President Trump related to the 2020 election.
Trump faces accusations from the Justice Department for allegedly trying to overturn Biden’s election victory but claims he cannot be prosecuted for actions taken while in office. Meanwhile, justices like Clarence Thomas and Samuel Alito have come under scrutiny for ethical issues linked to undisclosed gifts and potential biases regarding Trump-related cases.
In response to the growing concerns about conduct, Biden’s proposal for term limits aims to promote a regular turnover within the Court, lessening the chance of prolonged influence from any single presidency. Historical precedents, such as the blocked Supreme Court nomination during Obama’s term following Justice Scalia’s death in 2016, illustrate the unpredictability and urgency inherent in court nominations.
The reform discussion has ignited, and as polling indicates broad support across the political spectrum, it remains to be seen how these proposals will play out as Biden approaches the end of his term.