McConnell dismisses proposals

Biden seeks to change the US Constitution to overturn Supreme Court decisions, restore Democrat legal victories, “restor[ing] trust and accountability” in the government.

by Timothy Page

In a statement released July 29 by the White House, President Joe Biden called for term limits for Supreme Court Justices and limiting the immunity of former presidents.

Biden’s proposals were roundly criticized by Senate Minority Leader Mitch McConnell. Constitutional amendments must be approved by a 2/3 majority of the Senate and House, or by 2/3 majority vote of 27 state legislatures.

Biden cites supposed misconduct and the overturning of previous abortion decisions, as well as the Supreme Court siding with his former opponent, as causing “the public to question the fairness and independence that are essential for the Court to faithfully carry out its mission to deliver justice for all Americans.”

The President seeks three changes to the US Constitution, as explained in a press statement:

No Immunity for Crimes a Former President Committed in Office: President Biden shares the Founders’ belief that the President’s power is limited—not absolute—and must ultimately reside with the people. He is calling for a constitutional amendment that makes clear no President is above the law or immune from prosecution for crimes committed while in office. This No One Is Above the Law Amendment will state that the Constitution does not confer any immunity from federal criminal indictment, trial, conviction, or sentencing by virtue of previously serving as President.

Term Limits for Supreme Court Justices: Congress approved term limits for the Presidency over 75 years ago, and President Biden believes they should do the same for the Supreme Court. The United States is the only major constitutional democracy that gives lifetime seats to its high court Justices. Term limits would help ensure that the Court’s membership changes with some regularity; make timing for Court nominations more predictable and less arbitrary; and reduce the chance that any single Presidency imposes undue influence for generations to come. President Biden supports a system in which the President would appoint a Justice every two years to spend eighteen years in active service on the Supreme Court.

GOP Senate leader Mitch McConnell tweeted that SCOTUS term limits “would undermine the Senate’s advice-and-consent role in judicial confirmations, and it doesn’t take a legal scholar to know it’s also unconstitutional.”

Binding Code of Conduct for the Supreme Court: President Biden believes that Congress should pass binding, enforceable conduct and ethics rules that require Justices to disclose gifts, refrain from public political activity, and recuse themselves from cases in which they or their spouses have financial or other conflicts of interest. Supreme Court Justices should not be exempt from the enforceable code of conduct that applies to every other federal judge.

McConnell commented, “POTUS also says he wants to bind Justices by a new ethics code. But the Court already has its own. Seems like what he really wants is a stealth process for people other than Justices to decide cases.