Biden pushes to ban blanket immunity for presidents in overhaul of ‘extreme’ court

Washington: President Joe Biden is using his final months in office to push for an aggressive overhaul of the US Supreme Court, calling for fixed term limits for judges, an enforceable code of ethics, and a ban on blanket immunity for presidents.

In a move that was immediately endorsed by Vice President Kamala Harris, Biden is advocating ambitious changes to one of America’s three branches of government, amid fears it has become deeply politicised and too “extreme.”

US President Joe Biden walks to Marine One on the South Lawn of the White House in Washington on Monday.Credit: AP

In the past few years alone, the court has overturned federal access to abortion, made it easier to carry guns, ended affirmative action in college admissions and thwarted Biden’s plan to eliminate student debt for millions of Americans.

“In recent years, the extreme opinions the Supreme Court has handed down have undermined long-established civil rights, principles, and protections,” Biden said during a speech in Austin, Texas, as the election campaign reached its final 99-day stretch on Monday (Tuesday AEST).

“On top of its extreme decisions, the court is mired in a crisis of ethics. These scandals involving the justices have caused public opinion to question the court’s fairness and independence, that are essential to faithfully carrying out its mission of equal justice under the law.”

One of Biden’s proposals seeks to reverse the court’s recent decision to grant Donald Trump – along with all other presidents and ex-presidents – immunity from prosecution for things deemed as part of their core presidential duties.

Protesters hold their banners in front of the US Supreme Court,Credit: AP

The ruling was a significant victory for Trump, and has helped delay his election subversion trial in Washington DC as well as his sentencing in New York after being found guilty of falsifying business records.

However, Biden warned last month that this decision would further embolden his Republican rival to do as he pleases if he returns to power.

The US president is also calling for 18-year-term limits for justices, who currently get to sit on the bench for life – a tenure that was originally designed to avoid judges being politically influenced with short-term goals.

And in the face of controversies involving Justice Clarence Thomas (who spent years accepting luxurious gifts from GOP big donors) and Justice Samuel Alito (who recently flew an upside-down flag at his house in apparent solidarity with the Stop the Steal movement), Biden also wants a binding and enforceable code of ethics.

The justices of the US Supreme Court.Credit: AP

This would bring Supreme Court judges into line with federal judges, who are subject to a disciplinary system in which anyone can file a complaint and have it reviewed.

The proposals are largely aspirational as Republicans have described them as “dead on arrival” once they hit the US Congress, where the GOP has a small majority in the House of Representatives. But they can nonetheless be used by Harris to campaign for office against Trump, who appointed three of the six judges that make up the conservative voting block on the court.

“President Biden and I strongly believe that the American people must have confidence in the Supreme Court,” Harris said.

“Yet today, there is a clear crisis of confidence facing the Supreme Court as its fairness has been called into question after numerous ethics scandals and decision after decision overturning long-standing precedent.”

The proposals are also a significant shift for a president who has long resisted reforms to court. Nonetheless, he will likely struggle to make his plans a reality, given he would need Congressional approval to implement fixed term limits and an ethics code, which is all but impossible in a House of Representatives controlled by Republicans.

Biden would need to overcome even more hurdles to pass a constitutional amendment, which would require getting two-thirds support of both the House and the Senate or approval by a convention of two-thirds of the states, followed by approval by three-quarters of state legislatures.

“It is telling that Democrats want to change the system that has guided our nation since its founding, simply because they disagree with some of the court’s recent decisions,” said House Speaker Mike Johnson.

Jake Schneider, the Republican National Committee’s rapid response director, described the plans as an attempt to undermine the legitimacy of the Supreme Court.

“Make no mistake: it’s music to Commie Kamala’s ears,” said Jake he said.

“It’s all part of Kamala’s scheme to pack the Supreme Court with far-left, radical judges who will render decisions based on politics, not the law – and insulate her dangerously liberal policy positions from scrutiny if she’s elected.”

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