Biden proposes 18-year term limits to limit 'extreme' Supreme Court

President Joe Biden delivered a significant speech at the LBJ Presidential Library in Austin, Texas, on July 29, 2024. In his address, Biden criticized the U.S. Supreme Court for what he described as "extremism" undermining public confidence in the institution.

He called for Congress to establish term limits and an enforceable ethics code for the court's nine justices.

Biden proposes constitutional amendment

Additionally, Biden proposed a constitutional amendment to limit presidential immunity, a response to recent Supreme Court rulings that he argued shielded former presidents from prosecution.

Biden's proposals include:

1. Term Limits for Justices: Suggesting that justices serve 18-year terms with new appointments every two years, he argued this would ensure regular changes in court membership and prevent any single president from having undue influence over the court for an extended period.
2. Ethics Code: He advocated for a code requiring justices to disclose gifts, avoid political activities, and recuse themselves from cases involving conflicts of interest.
3. Limiting Presidential Immunity: Biden called for a constitutional amendment reversing a recent Supreme Court decision that grants former presidents broad immunity from prosecution, which has delayed the Washington criminal case against former President Donald Trump.

A chart showing most OECD countries which have term limits or mandatory retirement age for justices serving their highest courts, including a proposal from US President Joe Biden for an 18-year term limit for US Supreme Court justices.

Kamala Harris expresses support for Biden

Biden's remarks come amid broader concerns among Democrats about the court's conservative majority and recent decisions on abortion, affirmative action, and voting rights. Vice President Kamala Harris endorsed Biden's proposals, citing a "crisis of confidence" in the court.

Biden's constitutional proposal difficult to pass

However, Republican leaders, including House Speaker Mike Johnson and Senate Republican Leader Mitch McConnell, criticized the proposals. Johnson called them a "dangerous gambit," and McConnell argued that Biden and his allies were attempting to undermine the Constitution.

Despite the political polarization, Biden emphasized the need for reforms to restore public trust in the judiciary and prevent abuses of power.

However, the likelihood of these reforms passing in a closely divided Congress remains uncertain.

The last constitutional amendment was ratified in 1992, highlighting the challenges of enacting such changes.