From his first day in office—and every day since—President Biden has taken action to strengthen American democracy and protect the rule of law.
In recent years, the Supreme Court has overturned long-established legal precedents protecting fundamental rights. This Court has taken away civil rights protections, taken away a woman’s right to choose, and now gives presidents broad immunity from prosecution for crimes they commit.
At the same time, recent ethics scandals involving some judges have caused the public to question the integrity and independence the court needs to truly fulfill its mission of providing justice to all Americans.
President Biden believes that neither the president nor the Supreme Court is above the law.
In the face of this crisis of confidence in America’s democratic institutions, President Biden has called for three bold reforms to restore trust and accountability:
- A former president is not exempt for crimes in office: President Biden shares the founders’ belief that presidential power should be limited—not absolute—and ultimately reside with the people. He has called for a constitutional amendment that would make clear that no president is above the law or immune from prosecution for crimes committed while in office. This No one is above the law It states that the Constitution provides no immunity from federal criminal indictment, trial, conviction, or sentence by having previously served as president.
- Term Limits for Supreme Court Judges: Congress authorized presidential term limits 75 years ago, and President Biden believes the Supreme Court should do the same. The United States is the only major constitutional democracy that grants lifetime seats to its high court justices. Term limits help ensure that the membership of the court changes in some manner; make the timing of court appointments more predictable and arbitrary; Minimize the chance that any presidency will exert undue influence on future generations. President Biden supports a system in which the president appoints a justice every two years to complete eighteen years of active service on the Supreme Court.
- BINDING RULES OF SUPREME COURT: President Biden believes Congress should pass binding, enforceable rules of conduct and ethics requiring judges to disclose gifts, stay out of public political activities and recuse themselves from financial or other conflicts of interest for themselves or their spouses. Supreme Court justices should not be exempted from enforceable codes of conduct applicable to all other federal judges.
President Biden and Vice President Harris look forward to working with Congress to empower the American people to prevent abuses of presidential power, restore confidence in the Supreme Court, and strengthen the defenses of democracy. President Biden thanked the President’s Commission on the Supreme Court of the United States for its insightful analysis of Supreme Court reform proposals. The administration will continue its work to ensure that no one is above the law – in America the people rule.
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