President Joe Biden has proposed sweeping reforms to the United States Supreme Court, including the introduction of term limits and a binding code of conduct for its justices.
Announced during a speech at the Lyndon B. Johnson Presidential Library, these proposals come in response to recent controversial Supreme Court rulings and aim to increase accountability and reduce partisan influence within the judiciary.
However, with Congress deeply divided, the likelihood of these reforms becoming law remains slim.
The history of life tenure for Supreme Court Justices
The decision to grant life tenure to United States Supreme Court justices was rooted in the desire to maintain judicial independence and insulate justices from political pressures.
Alexander Hamilton, one of the most vocal early proponents of life tenure, argued in Federalist No. 78 that life tenure would provide the judiciary with "firmness and independence." Although Thomas Jefferson initially supported life tenure as well, he later shifted his position.
The principle of life tenure was ultimately enshrined in Article III of the U.S. Constitution. While not explicitly stating "life tenure," the relevant constitutional language conveys this idea:
“The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”
Article III of the U.S. Constitution
Although the Constitution does not explicitly grant lifetime appointments, historical documents from the time, including Hamilton's Federalist No. 79, support this interpretation. Hamilton noted that judges would hold their positions for life as long as they remained competent.
During the conventions to ratify the Constitution, discussions compared the four-year presidential term to the potentially lifelong terms of federal judges, provided they continued to exhibit good behavior.
Many states have moved away from the absolute life tenure model that the federal judiciary maintains. For example, Massachusetts, while maintaining life tenure, mandates retirement for justices at age seventy. In New York, justices of the highest state court serve fourteen-year terms and may be reappointed. Washington State elects its Supreme Court justices to six-year terms, with opportunities for reelection.
Only Rhode Island maintains absolute life tenure for its Supreme Court justices. Most states have adopted various tenure structures, incorporating reelection requirements or age limitations, reflecting a broader view that life tenure might be outdated.
President Biden’s proposal for reform
In a bold move, President Joe Biden has proposed sweeping reforms to the U.S. Supreme Court, including the introduction of term limits and the establishment of a binding code of conduct for its nine justices. These proposals come at a time when the Court's decisions have significantly impacted key aspects of Biden's policy agenda, including immigration, student loans, and climate change.
During a speech at the Lyndon B. Johnson Presidential Library, Biden emphasized the need for accountability, stating, "No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No one." His proposals include:
- Term limits: President Biden suggests an 18-year term limit for Supreme Court justices. This would mark a significant shift from the current life tenure system and aims to ensure a regular turnover of justices, potentially reducing partisan influences over time.
- Ethics code: President Biden calls for Congress to pass binding, enforceable rules requiring justices to disclose gifts, refrain from public political activity, and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. This comes in the wake of controversies involving justices' undisclosed travel and perceived political activities.
- Constitutional amendment: Biden also proposes a constitutional amendment to eliminate broad presidential immunity, making it clear that former presidents can be criminally indicted, tried, convicted, and sentenced for actions taken while in office.
The likelihood of passage and future implications
The likelihood of Biden’s proposals becoming law in the current political climate is slim. The deeply divided Congress makes it challenging to pass such significant reforms. Introducing term limits for Supreme Court justices would require legislation, which is unlikely to garner the necessary bipartisan support.
Moreover, the proposed constitutional amendment to limit presidential immunity faces even steeper hurdles. Constitutional amendments require two-thirds support from both the House and Senate or a convention called by two-thirds of state legislatures, followed by ratification from three-fourths of the states. Achieving such consensus in today's polarized political environment is highly improbable.
Despite the low probability of these reforms passing, Biden's proposals have significant implications. They highlight a growing concern about the balance of power and accountability within the federal government. Moreover, merely bringing these conversations to the forefront could pave the way for future reform efforts by increasing public awareness and prompting further debate.
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