this post was submitted on 29 Jul 2024
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110
Biden calls for supreme court reforms including 18-year justice term limits (www.theguardian.com)
submitted 3 months ago by Coffee_Addict@lemmy.world to c/neoliberal@lemmy.world
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President also says presidential immunity for crimes should be removed and ethics rules for justices should be stricter

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[–] Coffee_Addict@lemmy.world 19 points 3 months ago* (last edited 3 months ago) (3 children)

Biden called for a “no one is above the law” amendment to the constitution, which would make clear that no president is entitled to immunity from prosecution by virtue of having served in the White House. Biden also said justices’ terms should be limited to 18 years, under a system where a new justice would be appointed to the supreme court by the serving president every two years.

Given that Republicans have taken it upon themselves to take the opposite stance on issues as Democrats, this could force them into outright supporting the president being above the law and support having no ethics code (ie bribery) or term limits for Supreme Court Justices.

Not that republicans are above hypocrisy when it comes to their team, but it could at least give us some extra sound bites to work with to boost democrats.

The term limits Biden proposed could arguably be declared arbitrary (only Thomas and Alito have served longer), but the rest of this proposal seems like it should be pretty popular.

[–] dvoraqs@lemmy.world 9 points 3 months ago (1 children)

I didn't think the term limits are arbitrary. It also includes a system that spaces out appointments so that new judges are selected every two years so that the cycle of new judges is more consistent. It avoids a situation like Trump's presidency where he got to appoint more than his share of judges.

[–] Coffee_Addict@lemmy.world 2 points 3 months ago

I don’t think they are necessarily either - I’m just anticipating what the republicans are going to say about them.

[–] Coffee_Addict@lemmy.world 6 points 3 months ago* (last edited 3 months ago)

Also, I think it needs to be understood what Biden is doing with this proposal. He’s been in government for half a century and has a deep understanding of how it all works. What he is doing here is laying down what the Democratic Party stands for and their vision for what the United States should look like. The republicans will block this and do everything to make sure it goes nowhere.

This is no ordinary piece of legislation that Biden is proposing. The only chance it will happen is if the democrats get the required majorities and that will only happen if people vote. The only way to amend the supreme court is via a Constitutional Amendment which requires more than just a 50%+ vote in Congress.

Specifically, the Constitution can only be amended in the two ways:

  1. Congressional Proposal: An amendment can be proposed by a 2/3 majority vote in both the House of Representatives and the Senate.
  2. Constitutional Convention: 2/3 of state legislatures can call for a national convention to propose amendments. I’m not sure if this method has ever even been attempted.

Once proposed, the amendment must be ratified by 3/4 (or 38 out of 50) of the state legislatures. Alternatively, Congress can require the amendment be ratified by conventions in 3/4 of states.

By now, I am sure people will have identified several pitfalls with these methods; the 2/3rds majority is going to be quite the problem to overcome, especially when (1) the republicans are hellbent on opposing democrats, (2) this amendment is a direct threat to the power republicans have spent decades cultivating, (3) Trump sees the Presidency as a shield from his crimes and this amendment is a direct threat to both his desired position of immunity and his ambitions as President. 

Congress hasn’t been 2/3rds any one party for generations, and there are simply too many deep-red, republican states to get a 2/3rds majority via the states.

The only way this amendment can be passed, and the Supreme Court reformed, is if the democrats gain the required majorities. The republicans have no desire to limit the power of the presidency or the supreme court because both (in their current state) are essential to cementing their power when their policies and positions are so unpopular.

Edit: grammar, formatting

[–] MotoAsh@lemmy.world 3 points 3 months ago

If you haven't noticed, Republicans already think that way.They openly support corruption when it's "their side" in charge.

[–] LEDZeppelin@lemmy.world 3 points 3 months ago (1 children)

18 fucking years? That’s not good

[–] Coffee_Addict@lemmy.world 3 points 3 months ago* (last edited 3 months ago)

It’s still long, but it’s an improvement that would remove Thomas and Alito at least.

In theory (and principle), the President being able to appoint a Supreme Court Justice is supposed to be a part of the US Government’s system of checks and balances. In order for the Executive Branch to effectively have a check on the court system, the theory requires the President’s appointees serve a decent amount of time longer than any President could serve. It also plays into the idea that a Supreme Court Justice serves as part of a President’s legacy, and allows that President’s voice to be felt beyond the end of their term.

The problem with this theory is bad actors can get absurdly lucky and appoint three Justices (ie Donald Trump) in a single term to disastrous effect.

In addition to a more robust code of ethics, what Biden is proposing is to (1) create term limits long enough that will still allow the Executive Branch to still have check the judicial system, have a sustained legacy through the court system, but also end lifetime appointments and (2) set up a system where a new justice would be appointed to the supreme court by the serving President every two years (Preventing a situation where Trump gets to appoint three in one term).

This, at least, is the theory Biden and the democrats are working with. It is something everyone should be able to rally behind… but as we all know republicans are hellbent on opposing democrats and known for their hypocrisy.