President Joe Biden is reported to be seriously contemplating a series of proposals that could potentially introduce term limits for justices serving on the U.S. Supreme Court.
This consideration marks a significant shift in stance for Biden, who has historically been hesitant to endorse reforms of the high court, but in the wake of dubious rulings and numerous scandals and controversies, mostly revolving around Clarence Thomas and Samuel Alito, public sentiment on the Supreme Court and its lifetime appointments, has intensified.
The two principal sore points for the public are that the position is for life and that there is no enforceable code of ethics that can curb the justices. On the latter point, Chief Justice John Roberts has more than once said the court is working on an ethics code for itself, but thus far there has been no result.
Research from the Annenberg Public Policy Center suggests that the court’s once bipartisan respect has waned, with a notable polarization of trust along partisan lines. This change in public trust is attributed to decisions such as the 2022 Dobbs v. Jackson Women’s Health ruling, which overturned the long-standing Roe v. Wade decision. This seems to be the primary issue that has prompted President Biden to change his long-standing position on introducing term limits for SCOTUS.
In an interview with BET on Tuesday, Biden predicted “there are probably going to be two more appointments” in the coming four years when justices will retire, and he went on to blame Trump for nominating three conservative justices who helped overturn Roe v. Wade. “Just imagine if he has two more appointments, what that means,” he said.
The impact of such rulings has been profound, leading to a marked decrease in the court’s perceived impartiality and its role as a non-political entity. The resulting polarization, especially, among non-conservatives, as supporters of abortion access and Democrats expressing decreased trust, while Republicans and those opposing abortion maintain or even increase their trust in the court. The implications of this shift are far-reaching, potentially affecting the legitimacy and authority of the court in the eyes of many Americans.
The proposals under review not only suggest term limits but also include the implementation of an enforceable ethics code, addressing concerns over the accountability of justices. Such reforms would represent a profound change in the structure and governance of the Supreme Court, which has traditionally allowed justices to serve for life.
While the introduction of term limits would require congressional approval—a challenging, if not impossible– prospect in a divided Congress, the mere consideration of such changes underscores a growing sentiment that the lifetime appointment of Supreme Court justices may no longer align with the evolving democratic principles and expectations of accountability in modern governance.
