President Joe Biden is expected to support new legislation to regulate the Supreme Court, multiple outlets reported on Tuesday.
According to a report by the Washington Post, in the "coming weeks" President Biden could endorse legislation that would enact term limits for Supreme Court justices, and hold the court to a formal code of ethics.
The Post also cited anonymous sources who said the president may support a constitutional amendment that would limit the immunity granted to presidents and "other constitutional officeholders."
The Associated Press, citing three people who requested anonymity to discuss the developments, reported President Biden spoke about the plans with the Congressional Progressive Caucus in a call over the weekend.
"And by the way, I’m going to need your help on the Supreme Court, because I’m about to come out. I don’t want to prematurely announce it, but I’m about to come out with a major initiative on limiting the court and what we do and — I’ve been working with constitutional scholars for the last three months, and I need some help," the president is reported to have said.
The White House and the Supreme Court have declined comment. Scripps News has not yet independently verified any of the reporting.
The White House supporting a new legislative check on the Supreme Court would be one of the most significant formal efforts to rebalance U.S. governmental powers in recent memory. Currently, Supreme Court justices hold their positions for life, unless they choose to step down or are impeached by the House of Representatives and convicted by the Senate.
Criticism of the court has sharpened in recent years, following reports by ProPublica and other outlets that Supreme Court Justice Clarence Thomas accepted undisclosed luxury trips. Lawmakers have described an "ethical crisis" in the court and have called for an enforceable code of conduct for justices.
The Supreme Court released a new ethics code in November of 2023 — but the code does not include a process for holding justices accountable if they violate the rules.
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In July, Democratic Rep. Alexandria Ocasio-Cortez introduced articles of impeachment against Supreme Court Justices Clarence Thomas and Samuel Alito.
Throughout U.S. history, just one Supreme Court justice has ever been impeached. The House of Representatives voted in favor of removing Associate Justice Samuel Chase from the high court in 1805, but he was later acquitted by the Senate.
A proposed amendment over immunity
In the biggest test of the presidency's power since President Richard Nixon's resignation in 1974, the U.S. Supreme Court ruled on July 1 that a president cannot be prosecuted for official actions taken while in office.
In a 6-3 decision, the Supreme Court returned lower court rulings and stated that a former president has absolute immunity for his core constitutional powers.
According to The Washington Post's reporting, President Biden could support a constitutional amendment that would put new legislative limits on immunity for the U.S. president and certain other office-holders.
Such a change would face a steep uphill battle — partly by design of the U.S. Constitution, and likely due to partisan efforts to block it.
An amendment must meet significant thresholds. Either two-thirds of both houses of Congress must vote for it, or two-thirds of states must agree to request one, following a constitutional convention. The amendment must then be ratified either by three-fourths of state legislatures or by three-fourths of state conventions that are assembled for the purpose.
The U.S. Constitution has not been amended since May 7, 1992, when the 27th Amendment was ratified. That amendment prevents members of Congress from changing their pay during the same legislative session. Any legislated changes to their salary can only take effect after the following election of the House of Representatives.
