Report: Biden Considering Reforms to SCOTUS

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Facts

• Reports from the Washington Post and Associated Press claim that US Pres. Joe Biden is preparing to propose major reforms to the US Supreme Court (SCOTUS), which could include term limits, an enforceable ethics code, and a restriction on presidential immunity.¹
• The plans were disclosed to members of the Congressional Progressive Caucus during a call on Saturday. Biden reportedly said that he is "about to come out" with the reform plan, which he says has been in the works for three months.²
• The prospective proposals include term limits for justices and a new ethics code that contains an enforcement mechanism, which was missing from the voluntary code the court adopted in November. SCOTUS justices currently serve lifetime appointments.³
• Another proposal is a constitutional amendment to scale back presidents' immunity from criminal prosecution in light of a SCOTUS ruling that sided with former Pres. Donald Trump on this aspect.⁴
• SCOTUS rulings that overturned Roe v. Wade and affirmative action, as well ethics controversies involving Justices Clarence Thomas and Samuel Alito, have made the court a central issue for the Democrats and Biden's campaign. Any changes to the court would require congressional approval.⁵
• The GOP currently holds a majority in the House of Representatives, while the small Democrat majority in the Senate falls short of the 60 votes any reforms would need to pass the upper chamber. A constitutional amendment would require two-thirds support in the Congress and Senate or the support of states to hold a constitutional convention.²

Sources: ¹Al Jazeera, ²Washington Post, ³CNN, ⁴Newsweek and ⁵News Nation Now.

Narratives

• Republican narrative, as provided by FOX News. These reports of a shocking, last-ditch effort to manipulate the court to be more favorable to the president's radical progressive agenda are unsurprising. Now that Biden is facing discontent in his own party, he has promised to politicize the court to appease the progressive wing of the party. The Democrats are inching dangerously close to destroying judicial independence entirely.
• Democratic narrative, as provided by The Hill. SCOTUS has taken a hard-right turn in the past few years, and it is high time for someone to step in and correct this. Polling shows that a majority of Americans have lost trust in the court, which makes it incumbent on Congress to step in and reverse that worrying trend and end the blatant partisanship and untouchability of the justices. An ethics code with teeth is the least that can be done.

Predictions