Monday, July 29, 2024

The Washington Post Opinion Joe Biden: My plan to reform the Supreme Court and ensure no president is above the law

 The Washington Post 

Opinion  Joe Biden: My plan to reform the Supreme Court and ensure no president is above the law

We can and must prevent the abuse of presidential power and restore the public’s faith in our judicial system.


4 min


The U.S. Supreme Court in Washington. (Kevin Mohatt/Reuters)

By Joe Biden

July 29, 2024 at 5:00 a.m. EDT

The writer is president of the United States.


This nation was founded on a simple yet profound principle: No one is above the law. Not the president of the United States. Not a justice on the Supreme Court of the United States. No one.


Sign up for the Prompt 2024 newsletter for opinions on the biggest questions in politics

But the Supreme Court’s 6-3 decision on July 1 to grant presidents broad immunity from prosecution for crimes they commit in office means there are virtually no limits on what a president can do. The only limits will be those that are self-imposed by the person occupying the Oval Office.


If a future president incites a violent mob to storm the Capitol and stop the peaceful transfer of power — like we saw on Jan. 6, 2021 — there may be no legal consequences.


And that’s only the beginning.


MORE FROM OPINIONS

Next

At the Paris Opening Ceremonies, the best of times, or the worst?

OpinionAt the Paris Opening Ceremonies, the best of times, or the worst?

Joe Biden: My plan to reform the Supreme Court and ensure no president is above the law

OpinionJoe Biden: My plan to reform the Supreme Court and ensure no president is a...

Love thy seatmate

Opinion  Love thy seatmate

Hearing NASA’s Mars rover has found signs of life

OpinionHearing NASA’s Mars rover has found signs of life

I spent a week at a chat bench. Here’s what I learned.

OpinionI spent a week at a chat bench. Here’s what I learned.

Who will control the future of AI?

OpinionWho will control the future of AI?

A vice president’s life can change in a flash. Nothing is the same after.

Opinion  A vice president’s life can change in a flash. Nothing is the same after.

Why centrism might be our salvation

OpinionWhy centrism might be our salvation

What’s to blame for the CrowdStrike mess? Our drive for efficiency.

OpinionWhat’s to blame for the CrowdStrike mess? Our drive for efficiency.

How Alexei Navalny got trapped by Russian history

OpinionHow Alexei Navalny got trapped by Russian history

Go to the beach. Leave your body woes behind.

Opinion  Go to the beach. Leave your body woes behind.

The relationship with your artificial intelligence companion

Opinion  The relationship with your artificial intelligence companion

My husband was slowing down. He needed protecting. 

OpinionMy husband was slowing down. He needed protecting.

New York City rises up to defeat the rat empire

Opinion  New York City rises up to defeat the rat empire

China was home for 25 years, but I can’t go back. Here’s why.

Opinion  China was home for 25 years, but I can’t go back. Here’s why.

Going outside during a heat wave

OpinionGoing outside during a heat wave


On top of dangerous and extreme decisions that overturn settled legal precedents — including Roe v. Wade — the court is mired in a crisis of ethics. Scandals involving several justices have caused the public to question the court’s fairness and independence, which are essential to faithfully carrying out its mission of equal justice under the law. For example, undisclosed gifts to justices from individuals with interests in cases before the court, as well as conflicts of interest connected with Jan. 6 insurrectionists, raise legitimate questions about the court’s impartiality.


I served as a U.S. senator for 36 years, including as chairman and ranking member of the Judiciary Committee. I have overseen more Supreme Court nominations as senator, vice president and president than anyone living today. I have great respect for our institutions and the separation of powers.


What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.


That’s why — in the face of increasing threats to America’s democratic institutions — I am calling for three bold reforms to restore trust and accountability to the court and our democracy.


First, I am calling for a constitutional amendment called the No One Is Above the Law Amendment. It would make clear that there is no immunity for crimes a former president committed while in office. I share our Founders’ belief that the president’s power is limited, not absolute. We are a nation of laws — not of kings or dictators.



Second, we have had term limits for presidents for nearly 75 years. We should have the same for Supreme Court justices. The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the court’s membership changes with some regularity. That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come. I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court.

---------

OPINIONS ON THE SUPREME COURT

Next

Joe Biden: My plan to reform the Supreme Court and ensure no president is above the law

Opinion Joe Biden: My plan to reform the Supreme Court and ensure no president is a...

Biden’s Supreme Court reform plan could actually help make it less political

Opinion Biden’s Supreme Court reform plan could actually help make it less politica...

How the Supreme Court’s immunity ruling could really backfire

OpinionHow the Supreme Court’s immunity ruling could really backfire

Why centrism might be our salvation

OpinionWhy centrism might be our salvation

John Roberts once dreamed of a more unified court. Goodbye to all that. 

OpinionJohn Roberts once dreamed of a more unified court. Goodbye to all that.

Expand the Supreme Court. And weaken it.

Opinion Expand the Supreme Court. And weaken it.

Whoops, the progressive road to nirvana ran into a Supreme Court detour

Opinion Whoops, the progressive road to nirvana ran into a Supreme Court detour

A conservative Warren court 

Opinion A conservative Warren court

The Supreme Court is making big changes to how the government works

Opinion  The Supreme Court is making big changes to how the government works

This SCOTUS term bolstered the presidency — and clobbered regulators

Opinion  This SCOTUS term bolstered the presidency — and clobbered regulators

Roberts should face reality: The Supreme Court needs a code of conduct

Opinion  Roberts should face reality: The Supreme Court needs a code of conduct

The Supreme Court rules to restore the monarchy

OpinionThe Supreme Court rules to restore the monarchy

God save us from this dishonorable court

Opinion  God save us from this dishonorable court

How dangerous is the Supreme Court’s ruling on presidential immunity?

Opinion  How dangerous is the Supreme Court’s ruling on presidential immunity?

The crucial questions about gender care are not political or legal

Opinion  The crucial questions about gender care are not political or legal

The court serves up immunity. The threat of an autocratic presidency soars.

Opinion  The court serves up immunity. The threat of an autocratic presidency soars.

Ketanji Brown Jackson saves J6 and Trump prosecutions — for now

Opinion  Ketanji Brown Jackson saves J6 and Trump prosecutions — for now

The justices toss yet another precedent, delighting conservatives 

OpinionThe justices toss yet another precedent, delighting conservatives

The Supreme Court just clipped federal agencies. Congress must step up. 

Opinion  The Supreme Court just clipped federal agencies. Congress must step up.

Supreme Court conservatives sure have a funny way of voting as a ‘bloc’

Opinion  Supreme Court conservatives sure have a funny way of voting as a ‘bloc’

--------


Third, I’m calling for a binding code of conduct for the Supreme Court. This is common sense. The court’s current voluntary ethics code is weak and self-enforced. Justices should be required 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. Every other federal judge is bound by an enforceable code of conduct, and there is no reason for the Supreme Court to be exempt.


All three of these reforms are supported by a majority of Americans — as well as conservative and liberal constitutional scholars. And I want to thank the bipartisan Presidential Commission on the Supreme Court of the United States for its insightful analysis, which informed some of these proposals.


We can and must prevent the abuse of presidential power. We can and must restore the public’s faith in the Supreme Court. We can and must strengthen the guardrails of democracy.


In America, no one is above the law. In America, the people rule.



No comments:

Post a Comment