Republicans: “Dangerous Game…Should Be Discarded Immediately upon Arrival in the House.”
President Joe Biden delivers a speech at the Lyndon B. Johnson Presidential Library in Austin, Texas, commemorating the 60th anniversary of the Civil Rights Act. AP News
President Joe Biden unveiled a constitutional amendment targeting former U.S. President Donald Trump, who is attempting to undermine the foundation of a democratic nation, the ‘separation of powers.’ The key points of the proposed amendment are the limitation of presidential immunity privileges and the abolishment of lifelong judicial tenure. Vice President Kamala Harris, who is a potential Democratic presidential candidate, voiced her support for President Biden’s constitutional amendment, stating that the Supreme Court is facing a crisis of confidence.
On the same day, President Biden proposed a judicial reform bill containing provisions such as restricting immunity privileges for former presidents and limiting federal judges’ terms to 18 years during a speech commemorating the 60th anniversary of Civil Rights in the Lyndon B. Johnson Presidential Library in Austin, Texas. He emphasized the need for judicial reform by stating, “Extremist opinions issued by the Supreme Court in recent years are undermining long-established principles of civil rights and protection.”
President Biden also wrote in a Washington Post op-ed on the same day, urging for a constitutional amendment that states “no one is above the law” and will clearly establish that there are no immunity privileges for crimes committed by former presidents during their tenure. Regarding the terms of federal judges, President Biden expressed support for a system where the president appoints one judge for an 18-year term every two years.
The U.S. Federal Supreme Court is composed of nine lifelong justices. Following the appointment of three justices during the Trump administration, the current Supreme Court has a conservative majority of six justices compared to the three progressive justices. Recently, the Supreme Court has been making controversial decisions, including ruling that a president is entitled to immunity privileges for official acts committed during their tenure, which has sparked debate. President Biden, in his Washington Post op-ed, highlighted the lack of legal consequences for future presidents who incite violent mobs to attack Congress to prevent a peaceful transfer of power, referencing the events of January 6, 2021.
Vice President Harris also issued a separate statement stating, “As the Supreme Court faces doubts about its fairness due to repeated reversals of longstanding precedents and numerous ethical controversies, I urge Congress to pass reforms such as restricting the terms of Supreme Court justices and enforcing compelling ethical regulations similar to federal judges.”
The federal Supreme Court is facing serious doubts about its political neutrality and fairness, spreading trust issues throughout American society. There are criticisms that the lifelong tenure of Supreme Court justices, which was meant to guarantee judicial independence, is being used to perpetuate political bias.
Critics argue that President Biden’s constitutional amendment is unrealistic. The amendment process in the U.S. requires the proposal of an amendment with over two-thirds support in both the House and the Senate, and ratification by three-fourths of the states. However, the House is controlled by the Republicans. Therefore, there is an interpretation that this proposal is to rally support among Democratic voters ahead of the upcoming November election.
House Speaker Mike Johnson, a Republican, stated in an interview with X, “The Democrats want to change (the judicial) system that has led the U.S. since its founding just because they disagree with some recent court decisions.” He added, “The dangerous gamble of the Biden-Harris administration, upon arrival in the House, will be discarded immediately.” The Republicans view President Biden’s judicial reform as an attempt to pressure the Supreme Court in making future decisions.