‘No one is above the law’

Biden speaks at the Lyndon B. Johnson Library in Austin

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  • Marieke de Vries

    US Correspondent

  • Marieke de Vries

    US Correspondent

President Joe Biden wants to reform the U.S. Supreme Court. In a letter to The Washington Post and during a rousing speech in Austin, Texas, he said that abuses of power by presidents must be prevented. He also wants to restore confidence in the judicial system.

The Supreme Court, the highest legal body in the United States that tests laws and rulings that conflict with the Constitution, has been under fire for some time.

Biden insists that America was founded on the principle that no one is above the law, but after the Supreme Court’s July 1 ruling, the president is now immune from most actions he takes while in office. The highest legal body says the president has immunity for “official acts” during his term, but that this does not apply to “unofficial acts.”

Three changes

Biden wants to make three changes to the Supreme Court. First, he proposes amending the Constitution to the “no one is above the law” principle, which would say that presidents are not immune from their actions while in office. Biden agrees with the country’s founders: “We are a nation of laws, not of kings or dictators.”

But amending the Constitution is not easy. It requires a two-thirds majority in both the House and Senate. And then 38 states must also approve it.

Maximum duration

Biden also believes that Supreme Court justices should serve a maximum of 18 years. They are now appointed for life. Biden writes that such a term limit should prevent a single presidency from radically changing the political color of the court for generations.

Trump appointed three conservative justices to the Supreme Court in his first and only term, and Biden has called some of their statements dangerous and extreme, such as rolling back the national right to abortion.

President Joe Biden during his speech

Finally, Biden calls for a binding code of conduct for Supreme Court justices to follow. “Judges should be transparent about donations, refrain from political activities, and not hear cases in which they or their spouses are financially involved or have other interests. Other federal courts already have such codes of conduct.

Under pressure at bay

The Supreme Court has been under fire for some time, including over reports of Justice Clarence Thomas’s sweetheart trips paid for by a billionaire and the fact that his wife, Jenny Thomas, was involved in obstructing the transfer of power on January 6, 2021.

There were also riots where an American flag was hung upside down over another conservative judge, who also went on luxury trips with conservative donors who had cases before the court. Study earlier this year It appears that 60% of Americans disapprove of the Supreme Court’s actions. And potential Democratic presidential nominee Kamala Harris supports Biden’s proposals.

Biden’s proposals are seen as an attempt to persuade undecided voters, and if Democrats win majorities in the House and Senate in November, the amendments will have a better chance, even though changing the Constitution will remain extremely difficult.

Criticism of proposals

Critics see it as an attempt to politicize an independent institution. Republican House Speaker Mike Johnson immediately rejected the reforms: “These proposals are hopeless. It is clear that Democrats want to change the system that has guided our country from the beginning, simply because they cannot agree with some of the recent statements.”

During a speech marking Lyndon Johnson’s signing of the Civil Rights Act of 1964, Biden said the current Supreme Court was tampering with citizens’ basic rights, by violating their privacy and, for example, by enabling states to restrict voting rights.

He warned against extremism. Make America Great AgainHe concluded his remarks by looking ahead to 2026, when it will be 250 years since America declared its independence and drafted its Constitution. Biden asked the audience: “Imagine that moment and ask yourself: Who do we want to be?”

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