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Are lifetime appointments for Supreme Court Justices an outdated concept? US President Joe Biden seems to think so, as he gears up to propose transformative changes to the nation's highest judicial body. Let's delve into the details.
What's on the table? Biden suggests implementing an 18-year term limit for Supreme Court Justices. Currently, the nine members of the Court relish lifetime appointments, with some serving for over three decades. For instance, Chief Justice John Roberts has been in office for just over 18 years since his appointment in 2005, while Justice Clarence Thomas has been on the bench for more than 32 years.
But that's not all. The Supreme Court, unlike other members of the federal Judiciary, lacks a binding ethics code of conduct. However, they are mandated to report outside income and certain gifts. A recent report by ProPublica exposed Justice Clarence Thomas's acceptance of luxurious vacation travel from a wealthy benefactor without proper disclosure. In response, the court adopted its first code of conduct, but critics argue it falls short, particularly in requiring justices to recuse themselves in certain situations.
Consider Justice Thomas's wife, Jinny, who supported Donald Trump's false claims of election fraud. Some believe this is a valid reason for Thomas to recuse himself from related cases. Similarly, Justice Samuel Alito's apparent display of Trump flags at two of his residences, associated with Trump's efforts to overturn his election loss, has raised brows. Yet, neither justice has recused themselves.
Implementing term limits and an ethics code would require legislation, which is unlikely to pass the currently divided Congress. But Biden isn't stopping there. He also proposes a constitutional amendment to clarify that serving as president does not guarantee immunity from federal criminal indictment, trial, conviction, or sentencing. This comes after the Supreme Court's July ruling that Trump cannot be prosecuted for actions within his constitutional powers as president, marking the first recognition of any form of presidential immunity from prosecution.
Enacting such an amendment, however, would be an uphill battle, requiring support from two-thirds of both chambers of Congress or a convention called by two-thirds of the states, followed by ratification by 38 of the 50 state legislatures.
So, what's next for the Supreme Court? Will Biden's proposals bring about the desired changes, or will they remain just another ambitious plan? Only time will tell. Stay tuned.
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