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Biden Pushes for Reform, Says Supreme Court Has Undermined Public Confidence with ‘Extreme Opinions’

President Joe Biden delivers remarks to commemorate the 60th anniversary of the signing of the Civil Rights Act at the LBJ Presidential Library in Austin, Texas, July 29, 2024. (Kaylee Greenlee Beal/Reuters)

President Joe Biden lambasted the Supreme Court’s “extreme opinions” and declared that “no one is above the law” on Monday afternoon, expounding on his three-point plan to reform the Court with a focus on stripping former president Donald Trump’s immunity for official acts committed while in office.

Biden unveiled his reform plan in an op-ed published by the Washington Post on Monday morning, calling for a constitutional amendment that would limit presidential immunity, impose 18-year term limits on justices, and apply an enforced code of conduct to prevent corruption. He reiterated those points hours later.

“In recent years, extreme opinions that the Supreme Court has handed down have undermined long-established civil-rights principles and protections,” Biden said at the Lyndon B. Johnson Library in Austin, Texas. Some of the high-profile Supreme Court cases that he cited included the reversal of Roe v. Wade in 2022 and the overturning of affirmative action in higher-education admissions last year.

The president’s 25-minute speech marked his first public remarks since last week’s Oval Office address in which he explained his decision to exit the race and outlined his plan for the remaining months of his term. Monday’s event was held to commemorate the 60th anniversary of the passage of the Civil Rights Act of 1964 during Johnson’s presidency.

Biden went on to attack the Supreme Court for establishing “dangerous precedent” in its recent opinion that granted Trump broad presidential immunity from prosecution for potential crimes he committed while in office.

“There are no kings in America,” Biden said, receiving applause from the crowd. “No one is above the law, and for all practical purposes, the court’s decision almost certainly means that the president can violate their oath, flout our laws, and face no consequences.”

He also called for 18-year term limits for Supreme Court justices, all of whom currently serve lifetime appointments. This proposal was made in reference to Trump, who during his term appointed three conservative justices to the Court — Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

“The United States is the only major constitutional democracy that gives lifetime seats to their high court,” Biden said. “Term limits will help ensure the Court’s membership changes with some regularity.”

Shifting his attention to a stronger code of ethics for the Court to follow, Biden alluded to what activists deem scandals involving Justices Samuel Alito and Clarence Thomas that the president believes call into question their impartiality in certain cases. The president’s third proposal would require justices to disclose gifts they receive, refrain from political activity in public, and recuse themselves in cases in which they have any conflicts of interest, financial or otherwise.

“The Court is not self-policing,” he said. “The Court is not dealing with the obvious conflicts of interest. We need a mandatory code of ethics for the Supreme Court, and we need it now.”

Last November, in response to criticism from the left, the Supreme Court published a code of conduct that in essence codified rules the justices were already following.

The president notably did not consult with congressional Democrats about his Supreme Court–reform plan, Axios reported, potentially signaling that the proposals are more of a strong messaging push months before the November election rather than a serious call for legislation. His sweeping set of reform ideas was backed by Vice President Kamala Harris, the presumptive Democratic presidential nominee.

Throughout the speech, Biden attacked Project 2025 as he has done for weeks since Trump tried distancing himself from the 900-page policy blueprint spearheaded by the Heritage Foundation. Project 2025 contains numerous policy suggestions for the next Republican administration to follow, ranging from curbing record levels of illegal immigration to abolishing the Department of Education.

Biden also criticized Speaker Mike Johnson (R., La.) for proclaiming the president’s reform proposals “dead on arrival” in the Republican-dominated House. “His thinking is dead on arrival,” Biden said. As he arrived in Austin on Air Force One before the event, he inadvertently said Johnson himself was “dead on arrival.”

David Zimmermann is a news writer for National Review. Originally from New Jersey, he is a graduate of Grove City College and currently writes from Washington, D.C. His writing has appeared in the Washington Examiner, the Western Journal, Upward News, and the College Fix.
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