Shortly after President Joe Biden announced his withdrawal from the 2024 election, he proposed a long-desired set of reforms to the Supreme Court. The reforms include an enforceable code of ethics for Justices, an 18-year term limit and a constitutional amendment called the No One Is Above The Law Amendment which will remove presidential immunity and hold presidents accountable for crimes committed in office. Biden intends for these reforms to help restore the American people's eroded trust in the court.
This trust diminished following the overturning of multiple long-established legal precedents protecting fundamental rights such as Roe vs. Wade and the Chevron doctrine. Additionally, its Justices have been hit with repeated ethics scandals, damaging SCOTUS' credibility further. These reforms are needed now more than ever and I hope that both sides of the aisle can come together to fix the blatantly obvious problems with the Supreme Court.
In a July 2024 poll, 52% disapproved of how the Supreme Court is handling its job. While the poll is a decrease from the reported 58% disapproval rating in September of 2023, these numbers are still considerably higher than most of the ratings from the last 10 years. Similarly, a USA TODAY-Ipsos poll reported that 76% of Americans support a binding code of conduct for the Supreme Court, and that support is fairly consistent in all political parties with 70% of Republicans, 76% of independents and 89% of Democrats reportedly agreeing.
Although this reform is majorly supported by most Americans, those numbers decrease when the proposed reforms are linked to Biden. 58% of Republicans considered Biden’s long-shot proposal to impose term limits and enact a binding code of conduct on the high court a “major threat to democracy.” This percentage dip shows that there's Republican support for President Biden’s reforms, but not if they are proposed by Biden.
The standoffish nature of Republicans to any proposed legislation, reforms or solutions proposed by Democrats for the sole reason that the other party proposed it, has contributed to the highly stagnant nature of government today. The 118th Congress is on track to being one of the least functional sessions ever, with only 27 bills passed last year.
While Biden’s reforms are sorely needed and supported by the American public, the chance that all three proposed changes will pass is highly unlikely. The proposed constitutional amendment faces the largest hurdle as it requires two-thirds votes in the House and Senate in addition to ratification by three-quarters of state legislatures.
The polarization and opposition to compromise within the current Congress are so stark that even if the proposal has support across the aisle, there are still those who will try to knock it down because it came from the opposite party. It is sad to see the inability of government officials to properly do their jobs but it is really just a reflection of the internal divisions between the American public that are fueled by political attacks, conspiracy theories, wild accusations and false narratives pushed by those in power.
Acknowledgment: The opinions expressed in this article are those of the individual author.
Hi Alison,
I personally see it as a terrible shame that we've reached a point in this country where genuinely good policies will be shot down because of who proposed them. I think most people would agree that term limits to SCOTUS representatives makes sense, but like you point out, once that is linked with Biden, people start to change their tune. I wonder how much longer we can go on as a largely polarized country before we start working together again.