The conservative trap: Why the future of America depends more on Supreme Court Reform than presidential elections

Biden eventually called for court reform on June 29, 2024, after he had decided not to seek a second term. He described the current Supreme Court as “uncontrollable” and its decisions as extremist and eroding public trust. Biden was particularly critical of the decision granting presidents immunity from criminal prosecution — this despite the fact that he, as a soon-to-be former president, personally stood to benefit from it. Biden remarked:

“The court's decision almost certainly means that a president can violate the oath, flout our laws, and face no consequences. Folks, just imagine what a president could do, trampling civil rights and liberties, given such immunity.”

Biden did not stop there. He has proposed limiting Supreme Court justices' terms to 18 years, a significant change from the current lifetime appointment. Under this plan, each president would be able to appoint two justices per term, compared to the current system in which a president could theoretically appoint all nine justices if seats become vacant — or appoint none at all, if no deaths or retirements occur. Additionally, Biden recommends adopting an ethical code for Supreme Court members similar to that of other federal judges while also enshrining in the Constitution the principle that former presidents cannot claim immunity.

These proposals — if implemented — would have direct implications for Republican candidate Donald Trump, who is believed to have considerable support from the current Court. Democratic presidential candidate Kamala Harris supports Biden's proposals, while Republicans view them as a threat to their influence on the Supreme Court.

Chances for court reform

Biden's proposal to limit Supreme Court justices' terms to eighteen years is supported by 63% of Americans. However, implementing this change would require a constitutional amendment. Some suggest that legislative acts or a simple commitment from justices to retire after 18 years could be alternatives, but this would still need bipartisan support, which is currently lacking.

The adoption of a basic ethical code for Supreme Court justices is also an uncertain prospect — despite it being backed by over 75% of Americans. In a 2023 interview with the Wall Street Journal, conservative Justice Samuel Alito argued that, according to the Constitution, Congress does not have the authority to regulate the Supreme Court's operations.

Nevertheless, Congress has previously enacted laws altering the number of justices, and the Constitution explicitly allows legislators to limit the types of cases that the Court can hear. Yet uncertainty remains about what would happen if the Supreme Court were to declare such reforms unconstitutional.

Kamala Harris and the Democrats argue that if Trump becomes president, he could replace the 74-year-old Alito and 76-year-old Clarence Thomas with younger conservatives, potentially securing Republican control over the Court for decades. Republicans, in turn, worry that their opponents might attempt to reform the Court by increasing the number of justices, potentially adding several prominent liberals and thereby diluting the influence of its current conservative majority. As a result, the future of the Supreme Court is closely tied to the outcome of the presidential election. The winner could, as in the 1860s, shape the Court’s direction for generations to come.