Since his inauguration, President Biden has been committed to reinforcing American democracy and upholding the rule of law.
Recent Supreme Court decisions have dismantled long-standing legal precedents safeguarding fundamental rights. The Court has weakened civil rights protections, eliminated a woman's right to choose, and now affords Presidents broad immunity from prosecution for in-office crimes.
Additionally, recent ethics scandals involving some Justices have led to public doubts about the fairness and independence crucial for the Court to fulfill its mission of delivering justice for all Americans.
President Biden asserts that neither the President nor the Supreme Court is above the law. In response to the erosion of confidence in America's democratic institutions, he advocates for three significant reforms to restore trust and accountability:
1. No Immunity for Presidential Crimes: President Biden proposes a constitutional amendment to affirm that no President is above the law. The "No One Is Above the Law Amendment" would eliminate immunity from federal criminal indictment, trial, conviction, or sentencing for crimes committed while in office, aligning with the Founders’ belief in limited presidential power.
2. Term Limits for Supreme Court Justices: Just as term limits for the Presidency were established over 75 years ago, President Biden supports implementing term limits for Supreme Court Justices. Introducing term limits would ensure regular changes in Court membership, make nominations more predictable, and prevent any single presidency from exerting undue influence over the Court for generations. He advocates for a system where a President appoints a Justice every two years for an eighteen-year term.
3. Binding Code of Conduct for the Supreme Court: President Biden calls for Congress to enact enforceable conduct and ethics rules for Supreme Court Justices, requiring disclosure of gifts, prohibition of public political activity, and recusal from cases with financial or other conflicts of interest. Justices should adhere to the same ethical standards as other federal judges.
President Biden and Vice President Harris are committed to collaborating with Congress and empowering the American people to prevent presidential abuse, restore faith in the Supreme Court, and fortify democratic principles. They also appreciate the Presidential Commission on the Supreme Court of the United States for its valuable analysis of reform proposals. The Administration remains dedicated to ensuring that no one is above the law and that the people maintain their rule in America.
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