President Joe Biden hinted at significant reforms to the Supreme Court during a Zoom call with members of the Congressional Progressive Caucus over the weekend. These potential changes come in response to several recent court decisions that have sparked discontent among the Left. Among the reforms Biden is reportedly contemplating are term limits for justices and the introduction of an enforceable ethics code.
In his discussion with the liberal lawmakers, Biden reportedly said, “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. … I’ve been working with constitutional scholars for the last three months, and I need some help.”
Biden also suggested that there might be two new appointments to the Supreme Court in the near future, possibly referring to retirements. “Just imagine — if [Trump] has two more appointments on that, what that means forever,” Biden added, hinting at the potential impact of a future Trump presidency on the court’s composition.
Additionally, Biden indicated he might push for a constitutional amendment to overturn the recent “immunity ruling.” This ruling, dated July 1, stated that presidents should expect limited immunity from prosecution when exercising “core” constitutional powers. Rep. Alexandria Ocasio-Cortez (D-NY) criticized the ruling as an “assault on American democracy” and subsequently filed articles of impeachment against Justices Clarence Thomas and Samuel Alito.
In Florida, District Judge Aileen Cannon referenced Thomas’ concurrence in the ruling when dismissing the classified-document case against Donald Trump.
Progressive voices have been calling for Supreme Court reforms for some time, especially after recent decisions such as the immunity ruling and the overturning of Chevron deference, which allowed regulatory agencies to interpret ambiguous laws. The death of Justice Ruth Bader Ginsburg in 2020, followed by the appointment of conservative Justice Amy Coney Barrett, has intensified these calls.
However, the extent to which Congress can influence the Supreme Court remains uncertain. Last summer, Justice Alito addressed this issue, stating, “Congress did not create the Supreme Court — the Constitution did. I know this is a controversial view, but I’m willing to say it. No provision in the Constitution gives them the authority to regulate the Supreme Court — period.”
Alito further noted that while he spoke only for himself, the legitimacy of the court’s decisions could be jeopardized if it were viewed as politically compromised.
Groups like Take Back the Court Action Fund argue that reforming the Supreme Court is essential. Sarah Lipton-Lubet, the group’s president, stated, “Reforming this broken court is imperative — not just for protecting the hard-won rights of the last century, but for making any progress as a nation in the future.”
While Biden’s plans for the Supreme Court indicate his commitment to significant reforms, questions remain about his ability to implement these changes and whether he will run for another term. His intentions for the Court, however, signal a radical shift should he secure another term in office.
