President Biden’s three-part initiative aimed at reforming the Supreme Court, which encompasses a constitutional amendment, appears to face significant obstacles from the outset, requiring substantial backing in the almost evenly split Congress as well as among state legislatures.
On Monday morning, Biden disclosed his strategy to reshape the Supreme Court in light of several recent decisions made by the predominantly conservative bench that have been less favorable to Democrats.
His proposal featured term limits for Supreme Court justices—who are currently appointed for life—as well as an enforceable ethics code. Additionally, he suggested a constitutional amendment to reverse the recent ruling granting former presidents considerable immunity from prosecution for actions taken during their time in office.
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Biden released a plan for changing the Supreme Court. (Evan Vucci, Pool via AP)
Biden specifically requested a “No One Is Above the Law Amendment,” asserting that the Constitution should clarify that former presidents do not enjoy immunity from federal indictments, trials, convictions, or sentencing solely due to their past office.
To amend the Constitution, a two-thirds majority in both chambers of Congress must propose it. Subsequently, the amendment requires ratification by three-fourths of state legislatures or state conventions. Additionally, an amendment may also be proposed upon the request of two-thirds of states at a convention convened for that purpose.
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The Supreme Court has been the subject of frequent protests. (AP Photo/Steve Helber)
Currently, there have been only 27 amendments to the Constitution, the latest being ratified over three decades ago in 1992.
Given the fragile balance between Democrats and Republicans in both the House of Representatives and the Senate, alongside often divided state governments and only a few Democratic trifectas, the odds of passing any amendment—especially one that primarily aligns with just one party—are exceedingly low.
Biden also advocated for implementing term limits for Supreme Court justices. The 22nd amendment, ratified in 1951, imposed a two-term limit on U.S. presidents shortly after President Franklin D. Roosevelt’s unprecedented four consecutive elections.
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Justices pose for an official photo at the Supreme Court. (Olivier Douliery/AFP via Getty Images)
It would also be highly improbable to successfully ratify an amendment that enforces term limits on justices.
Additionally, if congressional Democrats were to pursue term limits as legislation, assuming they had sufficient votes, it would likely face judicial challenges. Since the Constitution does not establish term limits, such a law would be at risk of being invalidated.
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President Biden and Senate Majority Leader Chuck Schumer (Getty Images)
The president further urged Congress to establish a law mandating an enforceable ethics code applicable to the Supreme Court. This code should require justices to publicly disclose gifts, refrain from any political activity, and recuse themselves from cases where they or their spouses may have conflicting interests.
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Enacting such a law would necessitate passage by Congress and likely require a 60-vote threshold to surmount the filibuster in the Senate. Since Majority Leader Chuck Schumer, D-N.Y., has opted against introducing a Democratic bill to enforce this ethics code, it seems improbable that the necessary votes would be attained in the divided Congress.
Schumer’s office did not respond to requests for comment from Fox News Digital before publication.
