Biden Belatedly Embraces Supreme Court Reforms as Right-Wing Justices Wreak Havoc

In the wake of rulings that have significantly weakened the regulatory authority of federal agencies, backed the criminalization of homelessness, and granted U.S. presidents sweeping immunity from criminal prosecution, President Joe Biden is reportedly preparing to endorse reforms that would establish term limits and a binding code of ethics for the nation's Supreme Court justices—changes that progressive advocates and many Democratic lawmakers have backed for years.

The Washington Postreported late Tuesday that Biden is "finalizing plans" to embrace the proposals "in the coming weeks" as the November presidential election against GOP nominee Donald Trump looms. Trump appointed half of the Supreme Court's right-wing supermajority during his first four years in the White House, paving the way for the overturning of Roe v. Wade and other hugely consequential decisions.

Biden told members of the Congressional Progressive Caucus—some of the most vocal advocates of substantial court reforms—during a call this past weekend that he was "about to come out with a major initiative on limiting the court," according to a transcript obtained by the Post.

But Biden has been facing and resisting pressure to back transformative changes to the high court for years, and it's far from clear that the reforms he's planning to put forth—which would require congressional approval—will satisfy campaigners or members of his party who are calling for high court expansion and other bold changes.

The president, who is facing calls to drop his reelection campaign, has consistently opposed Supreme Court expansion, which is backed by 75% of Democratic voters. The New York Timesreported Tuesday that Biden's forthcoming proposal will likely not back high court expansion.

Sean Eldridge, founder and president of the progressive advocacy group Stand Up America, said in a statement late Tuesday that "elected officials are catching up to the growing consensus among the American people that it is time for court reform."

Term limits for Supreme Court justices are broadly popular with the U.S. public, according to new polling from Data for Progress. Nearly 75% of voters across party lines support ending lifetime terms on the high court, the group found.

The specifics of Biden's plan are unclear. Legislation introduced by House Democrats would impose 18-year term limits on Supreme Court justices.

"The Supreme Court should be the gold standard for judicial ethics, but right now, nothing could be further from the truth," Eldridge said Tuesday. "That's why a supermajority of Americans support legislation to enact Supreme Court term limits and a binding code of ethics. It is time for our leaders to listen to the American people and take action to address the growing crisis on our nation's highest court."

"We urge President Biden to support the Supreme Court Ethics, Recusal, and Transparency Act and the TERM Act, which would establish term limits for current and future justices," he added.

Even in the aftermath of rulings that have directly undercut his agenda—such as the high court's decision last year to block his student debt cancellation plan—Biden has dismissed more ambitious proposals to overhaul the Supreme Court, including adding more justices to the bench.

"If we start the process of trying to expand the court, we're going to politicize it maybe forever in a way that is not healthy, that you can't get back," Biden said last June, ignoring the reality that the high court has already been packed by Republicans.

Elie Mystal, The Nation's justice correspondent, argued Tuesday that term limits and other proposed court reforms are doomed to fail "if you don't expand the court."

"The only way to get term limits is to appoint a majority of justices who think term limits are constitutional," Mystal wrote. "And right now, I don't even know if there are three justices who think they're constitutional, much less the necessary five."

"So, again, the constitutional way to bring the Supreme Court to heel," he added, "is to expand it, then pass your ethics bills and term limit bills, which will then be upheld by the newly expanded court."