President Joe Biden’s proposals for Supreme Court reform may not see immediate action, but legal expert Harry Litman suggests a bigger strategy is at play. After stepping back from the 2024 presidential race, Biden outlined three significant reforms in an op-ed for The Washington Post. These proposals call for term limits for justices, a binding code of ethics, and the reversal of a recent ruling that expanded presidential immunity.
The topic of Supreme Court reform has gained traction across party lines, especially following controversies surrounding Justices Samuel Alito and Clarence Thomas. Despite the court adopting a code of ethics last fall, critics argue that stronger measures are needed to ensure accountability.
In his first public address since suspending his reelection campaign, Biden committed to focusing on these reforms during his final months in office. However, Litman, who writes for The Los Angeles Times, noted that there’s “no chance” for any immediate action, adding that the timing of the proposals may be more about shaping the election narrative.
According to Litman, the aim might be to highlight the Supreme Court’s current unpopularity and encourage support for Vice President Kamala Harris, who Biden endorsed after exiting the race. Harris has expressed her backing for the proposed reforms.
Litman emphasizes that Biden’s actions are not merely political posturing but also a longer-term strategy to make the court a key election topic. If Democrats secure control after the elections, they could frame their victory as a mandate for substantial reform.
Implementing these reforms would likely require constitutional amendments, needing a two-thirds approval from both chambers of Congress. However, House Speaker Mike Johnson has already labeled such proposals as “dead on arrival” in the House.
Experts like University of Illinois law professor Steven Schwinn agree that while the chances of passing these reforms are slim, the effort is intended to raise public awareness and elevate the Supreme Court as a campaign issue.
Trust in the Supreme Court has plummeted to its lowest level in decades, particularly following the controversial decision to overturn Roe v. Wade in 2022. In the wake of this decision, reproductive rights have emerged as a pivotal issue for Democrats, posing challenges for Trump as he attempts to connect with women voters.