Biden, Harris Propose Radical Overhaul Of Supreme Court Structure

President Joe Biden and Vice President Kamala Harris are pushing for radical changes to the Supreme Court, drawing sharp criticism from conservatives. Biden’s plan, outlined in a Washington Post op-ed, includes three major reforms aimed at reshaping the judiciary. 

The first proposal suggests limiting Supreme Court justices to 18-year terms, with a new vacancy every two years. This would end the lifetime appointments that have been the norm since the Constitution was ratified in 1789. Critics argue this change is unconstitutional, as the Constitution states that federal judges hold their offices “during good behavior,” which traditionally means for life unless impeached.

The second proposal calls for the Supreme Court to be bound by an ethics code imposed by Congress. Conservatives see this as an attempt to manipulate the court’s decisions by forcing conservative justices to recuse themselves from key cases, potentially leaving a liberal majority to rule. They argue that the Supreme Court, created by the Constitution as an independent branch, cannot be regulated by Congress in this manner.

The third reform aims to strip presidents of immunity from criminal prosecution for official acts, a protection upheld by the Supreme Court in Trump v. United States. Biden and Harris contend this change is necessary for accountability, but conservatives warn it would severely undermine the presidency by exposing future presidents to constant legal threats from political opponents.

Vice President Harris has publicly supported these proposals, stating that there is a “crisis of confidence” in the Supreme Court due to alleged ethics scandals and controversial decisions. However, conservatives dispute these claims, arguing that such scandals are fabricated and that overturning precedents is a rare and dangerous occurrence — one that is only happening do to the moderate, and not leftist, disposition of the Supreme Court’s current makeup..

Prominent conservatives like Leonard Leo, co-chairman of the Federalist Society, and Mark Paoletta, a key figure in Supreme Court confirmations, have denounced the proposals as dangerous and unconstitutional. They see these moves as a direct attack on the separation of powers and an attempt to destroy a branch of government that the left does not control.