In a significant shift in U.S. politics, a new plan for the U.S. Supreme Court presented by President Joe Biden has garnered the backing of many Republicans, according to recent polls. The plan, which aims to implement several measures in reforming the Supreme Court, follows Democratic criticism of recent Supreme Court decisions and has even been linked to multiple ethics scandals.
The plan, as reported by sources familiar with the matter, includes the introduction of an enforceable ethics code for the Supreme Court and the enforcement of term limits for the justices. Presently, Supreme Court appointments continue for life, or until the justice decides to retire.
Surprisingly, polls have shown that term limits for Supreme Court justices are supported by a vast majority of American citizens, cutting across party lines. For instance, a recent survey conducted by Hart Research earlier this year revealed that a whopping 64 percent of voters expressed support for term limits for Supreme Court justices. The report further categorized these figures into party lines: 78 percent of Democrats, 59 percent among independents, and 51 percent among Republicans.
Despite the significant thrust of the plan, Biden isn’t expected to shift his stance on court packing, a strategy favored by more progressive Democrats. These progressives call for the addition of more than nine justices to the court as a countermeasure against its strong conservative majority. However, Biden has consistently resisted these suggestions, amidst concerns that such a move could trigger a similar response by future Republican presidents.
As it stands, a group of Democratic senators has already introduced a bill that envisages the establishment of term limits for justices. If passed into law, this bill would mandate the appointment of a new justice every two years, with each justice spending an 18-year term presiding over cases. Upon the conclusion of their terms, the justices would be restricted to participating in a limited number of constitutionally required cases.
While there is strong public support for term limits for Supreme Court justices, their advocacy among legislators is yet to attain similar levels. Thus, it remains unclear whether Congress would give wide backing to such a proposal, irrespective of its bipartisan appeal among American voters.
President Biden’s endorsement for SCOTUS term limits emerges at a time when justices are under increased scrutiny from Democratic quarters over recent verdicts and ethics scandals. Earlier this month, the court ignited a furor among Democrats and legal analysts after ruling that presidents enjoy absolute immunity for official acts in a high-profile federal election interference case involving former President Donald Trump.
Beyond the controversial court rulings, Justices Samuel Alito and Clarence Thomas have also attracted criticisms for not extricating themselves from the case due to their alleged links to Republicans. Alito has faced calls for his recusal after reports that an upside-down American flag, a pro-Trump symbol, was displayed outside his home. His wife was reportedly responsible for the symbol’s display following a disagreement with neighbors. On the other hand, Thomas has received recusal calls due to alleged support given by his spouse, Ginni Thomas, to efforts aimed at blocking President Biden’s Electoral College victory. In addition, Thomas has come under scrutiny for accepting previously undisclosed gifts from Republican billionaire Harlan Crow. Despite this, he has consistently maintained his innocence, insisting that he complied with reporting guidelines at the time.
The ongoing developments surrounding the Supreme Court and the subsequent public and political reactions are indicative of broader implications for U.S. politics and the judiciary. As President Biden proceeds with plans to reform the Supreme Court, the terrain of American politics continues to change, suggesting the emergence of broader reforms in the future.
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