By Alex Gangitano - 07/29/24

Vice President Harris on Monday backed President Biden’s push for term limits for Supreme Court justices and a constitutional amendment to counteract their recent presidential immunity decision.

“President Biden and I strongly believe that the American people must have confidence in the Supreme Court,” she said in a statement. “Yet today, there is a clear crisis of confidence facing the Supreme Court as its fairness has been called into question after numerous ethics scandals and decision after decision overturning long-standing precedent.”

Biden’s threefold proposal includes 18-year term limits for the nine justices, which would enable the sitting president to appoint a new justice every two years, and a binding code of conduct for the Supreme Court.

The proposal also responds to the immunity decision, which handed a major win to former President Trump, by calling for a constitutional amendment that would partially overturn the decision by making clear former presidents do not enjoy criminal immunity from federal criminal indictments.

All of the proposals would face major obstacles to enactment. Republicans in the House and Senate oppose the Supreme Court reforms, and they could have majorities in both chambers. Even if they did not, they’d have enough votes in the Senate to block the reform with a filibuster.

A constitutional amendment would require two-thirds majorities of the House and Senate to back the amendment, and ratification by three-fourths of U.S. states.

It is not surprising that Harris is backing Biden’s proposed reforms, which are likely to be enthusiastically received by the Democratic base. Democrats have been frustrated by a series of decisions by the conservative Supreme Court, which now includes three justices nominated by former President Trump, the GOP nominee for president.

Trump has criticized the reforms, which could be a political issue in the fall.

Harris in her statement argued that the reforms will help “restore confidence in the Court, strengthen our democracy, and ensure no one is above the law.” The vice president said she and Biden are calling on Congress to pass the reforms.

“[I]n our democracy, no one should be above the law. So we must also ensure that no former President has immunity for crimes committed while in the White House,” she said.

The president is set to announce his plans later on Monday from the LBJ Presidential Library in Austin, Texas. The announcement comes just over a week since the president dropped his reelection bid and endorsed Harris for the top of the Democratic ticket.

Biden’s announcement marks a major shift after he has long resisted progressives’ calls for Supreme Court reforms over fears it would politicize the court.