Joe Biden’s Proposals for the Supreme Court Are Hopeless, but Helpful

After much hesitation, the U.S. president has proposed changes to the composition of the Supreme Court. The ideas are clever, but it’s unlikely that they will be implemented.

Tradition and time-honored rules are the standards by which outgoing U.S. President Joe Biden has structured his long career. Including not messing with what has, up to now, worked well for the U.S.: the filibuster rules in the Senate, for example, or the rules for the composition of the Supreme Court.

But now, even from Biden’s point of view, the Supreme Court has overstepped the mark. The body, which is dominated by conservative hardliners by 6-3 votes, has attracted attention with ethics scandals and highly controversial decisions. These included ending the right to abortion in 2022. But above all, the ruling that went in favor of Donald Trump in July, according to which presidents enjoy broad immunity even after they complete their term in office.

Biden has now proposed changes: Justices should only be awarded 18-year terms instead of for life. This means that every two years, a nomination would be made by the president in office at the time. A constitutional amendment would limit presidential immunity. The proposals sound well-balanced and deliberate, but have little chance of being implemented. The Republicans will do significant harm to them in Congress.

However, the Supreme Court also has also become unpopular with voters, which is one of the reasons candidate Kamala Harris immediately endorsed the reform proposals. Maybe this will bring her closer to the chance to change something.