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Biden is backing major Supreme Court reforms. Here’s what they would do.
Washington — President Biden on Monday unveiled a trio of proposals to reform the Supreme Court, calling on Congress to pass legislation setting term limits for justices and establish binding, enforceable ethics rules for the nation’s highest court.
Mr. Biden’s proposed reforms come after the Supreme Court, which has a 6-3 conservative majority, issued a series of landmark decisions in recent years that have upended longstanding rulings on abortion, affirmative action in higher education and federal regulatory power.
Those decisions, as well as scrutiny over ethics practices at the high court, have made it a target of Democrats and liberal advocacy groups, who have argued the Supreme Court has undermined public confidence in itself.
Two of Mr. Biden’s three proposed changes — term limits and a binding code of conduct — would require action from Congress, making it highly unlikely they will become law before the president leaves office in January 2025. His third reform is a constitutional amendment that clarifies that no president is immune from prosecution for crimes committed while in office. That proposal is Mr. Biden’s answer to the Supreme Court’s ruling earlier this month finding that former President Donald Trump cannot be prosecuted for official acts taken while in the White House.
Here’s what to know about Mr. Biden’s plan for Supreme Court reform.
What are the president’s proposed Supreme Court changes?
The first measure put forth by Mr. Biden is an amendment to the Constitution called the No One is Above the Law Amendment, which would state that the Constitution doesn’t grant immunity from federal criminal indictment, trial, conviction or sentencing to a former president, according to the White House.
“I share our Founders’ belief that the president’s power is limited, not absolute. We are a nation of laws — not of kings or dictators,” Mr. Biden wrote in an op-ed for the Washington Post about his plan.
The second proposed reform would do away with lifetime appointments for members of the Supreme Court and instead set 18-year term limits. Under Mr. Biden’s plan, the president would appoint a new justice every two years, who would then serve for 18 years.
“Term limits would help ensure that the court’s membership changes with some regularity,” Mr. Biden wrote. “That would make timing for court nominations more predictable and less arbitrary. It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come.”
The president’s third proposal is a binding code of conduct for the Supreme Court, which would require justices in part to disclose gifts, refrain from public political activity and step aside from cases in which they or their spouses have financial or other conflicts of interest.
The Supreme Court implemented ethics rules in November, but it does not include an enforcement mechanism. Mr. Biden called its ethics code “weak and self-enforced.”
Will these be implemented?
It’s highly unlikely Mr. Biden’s proposed changes will be implemented in the coming months. Election Day is just 99 days away and, more importantly, Congress is divided. The president’s plans to impose term limits and a code of conduct would require legislative approval from the House and Senate.
Republicans narrowly control the House, and GOP lawmakers in both chambers of Congress have denounced Democrats’ criticisms of the court, arguing they are part of an effort to delegitimize the Supreme Court following rulings that they dislike. Legislation setting term limits for justices and establishing ethics rules would be unlikely to clear the House, and that’s if Republican leaders allowed a floor vote in the first place.
Additionally, there is a high bar for amending the Constitution. One method for proposing a constitutional amendment requires two-thirds support of both the House and Senate, and another is through a constitutional convention of two-thirds of state legislatures. Ratification requires support from three-fourths of state legislatures.
The Constitution has been amended 27 times, most recently in 1992.
But progressive groups are working to make the Supreme Court a motivating issue for voters in November. Some initiatives rolled out in recent months are aimed not only at helping Democrats hold onto the White House, but also keep control of the Senate and flip the House.
If Democrats were to gain a trifecta, it could clear the way for Congress to enact legislation reforming the Supreme Court. In the Senate, the party would have to significantly widen its majority, since 60 votes are required for legislation to advance.
Why is he rolling these out now?
Mr. Biden forecast his reform proposal during remarks in the Oval Office last week, days after announcing his withdrawal from the 2024 presidential race and endorsement of Vice President Kamala Harris. The president said changing the Supreme Court is “critical to our democracy.”
Mr. Biden’s comments — and now his plan — marked a significant shift for the president, who resisted calls to endorse court reforms just a few years ago. During the 2020 election, the president declined to back so-called court packing, or adding seats to the Supreme Court, a proposal pushed by liberal advocacy groups.
Mr. Biden instead created a commission to study proposed changes, and the panel approved and submitted its report to him in December 2021. But the president didn’t publicly address the commission’s findings, even as Congress’ focus on the Supreme Court intensified last year amid concerns about its ethics policies. In his Washington Post op-ed, Mr. Biden thanked the commission for its “insightful analysis, which informed some of these proposals.”
Concerns from Democrats in Congress were sparked by reporting about Justice Clarence Thomas’ ties to GOP megadonor Harlan Crow, who paid for trips that the justice did not report on annual financial disclosure forms.
Thomas said he and Crow have been friends for decades, and the justice didn’t believe he was required to report the travel under prior guidelines for personal hospitality. He vowed last year to comply with new rules and listed additional travel provided by Crow on his latest disclosure forms.
Justice Samuel Alito has also faced backlash from Democrats over an upside-down American flag flown outside his Virginia residence in January 2021 and an “Appeal to Heaven” flag displayed outside his New Jersey vacation house in the summer of 2023.
Both types of flags were carried by rioters who breached the U.S. Capitol building on Jan. 6, 2021. Alito has said he was not involved in the displays outside his homes. Instead, the justice told congressional Democrats in May that his wife flew the two flags, and neither of them knew of the meanings ascribed to them in recent years.
Beyond the ethics practices, Democrats have also taken aim at the Supreme Court because of recent decisions from its conservative majority. In June 2022, the court overturned Roe v. Wade, and in June 2023, it rejected affirmative action in higher education.
In its most recent term, it overturned a 40-year-old decision to curtail the regulatory power of federal agencies, dismantled a Trump-era ban on bump stocks and narrowed the scope of a federal obstruction law used to charge scores of Jan. 6 defendants, including Trump.
The Supreme Court also found that former presidents are entitled to immunity from federal prosecution for official acts taken while in Congress, a ruling with significant ramifications for special counsel Jack Smith’s case against Trump.
Citing the landscape surrounding the court, Mr. Biden wrote that “what is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms. We now stand in a breach.”
Former president Bill Clinton is scheduled to give deposition Friday to a congressional committee investigating his links to Jeffrey Epstein, one day after Hillary Clinton testified before the committee and called the proceedings “partisan political theatre” and “an insult to the American people”.
During remarks before the House oversight committee, Hillary Clinton, the former secretary of state, insisted on Thursday that she had never met Epstein.
The former Democratic president, however, flew on Epstein’s private jet several times in the early 2000s but said he never visited his island.
Clinton, who engaged in an extramarital affair while president and has been accused of sexual misconduct by three women, also appears in a photo from the recently released files, in a hot tub with Epstein and a woman whose identity is redacted.
Clinton has denied the sexual misconduct claims and was not charged with any crimes. He also has not been accused of any wrongdoing connected to Epstein.
Epstein visited the White House at least 17 times during the early years of Clinton’s presidency, according to White House visitor records cited in news reports. Clinton said he cut ties with him around 2005, before the disgraced financier, who died from suicide in 2019, pleaded guilty to solicitation of a minor in Florida.
The House committee subpoenaed the Clintons in August. They initially refused to testify but agreed after Republicans threatened to hold them in contempt.
The Clintons asked for their depositions to be held publicly, with the former president stating that to do so behind closed doors would amount to a “kangaroo court”.
“Let’s stop the games + do this the right way: in a public hearing,” Clinton said on X earlier this month.
The committee’s chair, James Comer, did not grant their request, and the proceedings will be conducted behind closed doors with video to be released later.
On Thursday, Hillary Clinton’s proceedings were briefly halted after representative Lauren Boebert leaked an image of Clinton testifying.
During the full day deposition, Clinton said she had no information about Epstein and did not recall ever meeting him.
Before the deposition, Comer said it would be a long interview and that one with Bill Clinton would be “even longer”.
CASE 0:26-cv-00107-PJS-DLM
Doc. 12-1 Filed 02/26/26
Page 5 of 17
and to file a status update by 11:00 am on January 20. ECF No. 5. Respondents never provided a bond hearing and did not release Petitioner until January 21, ECF Nos. 10, 12, after failing to file an update, ECF No. 9. Further, Respondents released Petitioner subject to conditions despite the Court’s release order not providing for conditions. ECF Nos. 5, 12–13.
Abdi W. v. Trump, et al., Case No. 26-CV-00208 (KMM/SGE)
On January 21, 2026, the Court ordered Respondents, within 3 days, to either (a) complete Petitioner’s inspection and examination and file a notice confirming completion, or (b) release Petitioner immediately in Minnesota and confirm the date, time, and location of release. ECF No. 7. No notice was ever filed. The Court emailed counsel on January 27, 2026, at 10:39 am. No response was provided.
Adriana M.Y.M. v. David Easterwood, et al., Case No. 26-CV-213 (JWB/JFD)
On January 24, 2026, the Court ordered immediate release in Minnesota and ordered Respondents to confirm the time, date, and location of release, or anticipated release, within 48 hours. ECF No. 12. Respondent was not released until January 30, and Respondents never disclosed the time of release, instead describing it as “early this morning.” ECF No. 16.
Estefany J.S. v. Bondi, Case No. 26-CV-216 (JWB/SGE)
On January 13, 2026, at 10:59 am, the Court ordered Respondents to file a letter by 4:00 pm confirming Petitioner’s current location. ECF No. 8. After receiving no response, the Court ordered Respondents, at 5:11 pm, to immediately confirm Petitioner’s location and, by noon on January 14, file a memorandum explaining their failure to comply with the initial order. ECF No. 9. Respondents did not file the memorandum, requiring the Court to issue another order. ECF No. 12. On January 15, the Court ordered immediate release in Minnesota and required Respondents to confirm the time, date, and location of release within 48 hours. ECF No. 18. On January 20, having received no confirmation, the Court ordered Respondents to comply immediately. ECF No. 21. Respondents informed the Court that Petitioner was released in Minnesota on January 17, but did not specify the time. ECF No. 22.
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James Hickman holds a photo montage of the late Rev. Jesse Jackson before a public visitation at Rainbow/PUSH Coalition in Chicago on Thursday.
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Nam Y. Huh/AP
CHICAGO — A line of mourners streamed through a Chicago auditorium Thursday to pay final respects to the Rev. Jesse Jackson Sr. as cross-country memorial services began in the city the late civil rights leader called home.
The protege of the Rev. Martin Luther King Jr. and two-time presidential candidate will lie in repose for two days at the headquarters of the Rainbow PUSH Coalition before events in Washington, D.C., and South Carolina, where he was born.
Family members wiped away tears as the casket was brought into the stately brick building. Flowers lined the sidewalks where people waiting to enter watched a large screen playing video excerpts of Jackson’s notable speeches. Some raised their fists in solidarity.
The casket with the Rev. Jesse Jackson arrives before a public visitation at Rainbow/PUSH Coalition in Chicago on Thursday.
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Inside, Jackson’s children, Chicago Mayor Brandon Johnson and the Rev. Al Sharpton were among those who stood by the open casket to shake hands and hug those coming to view the body of Jackson, dressed in a suit and blue shirt and tie.
“The challenge for us is that we’ve got to make sure that all he lived for was not in vain,” Sharpton told reporters. “Dr. King’s dream and Jesse Jackson’s mission now falls on our shoulders. We’ve got to stand up and keep it going.”
The Rev. Al Sharpton speaks as Jesse Jackson Jr. listens after the public visitation for the Rev. Jesse Jackson at Rainbow/PUSH Coalition in Chicago on Thursday.
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Jackson died last week at age 84 after battling a rare neurological disorder that affected his mobility and ability to speak in his later years.
Remembrances have already poured in from around the globe, and several U.S. states, including Minnesota, Iowa and North Carolina, are flying flags at half-staff in his honor.
But perhaps nowhere has his death been felt as strongly as in the nation’s third-largest city, where Jackson lived for decades and raised his six children, including a son who is a congressman.
Bouquets have been left outside the family’s Tudor-style home on the city’s South Side for days. Public schools have offered condolences, and city trains have used digital screens to display Jackson’s portrait and his well-known mantra, “I am Somebody!”
People wait to enter the security checkpoint for the public visitation for the Rev. Jesse Jackson at Rainbow/PUSH Coalition in Chicago on Thursday.
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His causes, both in the United States and abroad, were countless: Advocating for the poor and underrepresented on issues including voting rights, job opportunities, education and health care. He scored diplomatic victories with world leaders, and through his Rainbow PUSH Coalition, he channeled cries for Black pride and self-determination into corporate boardrooms, pressuring executives to make America a more open and equitable society.
“We honor him, and his hard-earned legacy as a freedom fighter, philosopher, and faithful shepherd of his family and community here in Chicago,” the mayor said in a statement.
Next week, Jackson will lie in honor at the South Carolina Statehouse, followed by public services. According to Rainbow PUSH’s agenda, Gov. Henry McMaster is expected to deliver remarks; however, the governor’s office said Thursday that his participation wasn’t yet confirmed. Jackson spent his childhood and started his activism in South Carolina.
Details on services in Washington have not yet been made public. However, he will not lie in honor at the United States Capitol rotunda after a request for the commemoration was denied by the House Speaker Mike Johnson’s office.
The two weeks of events will wrap up next week with a large celebration of life gathering at a Chicago megachurch and finally, homegoing services at the headquarters of the Rainbow PUSH Coalition.
Family members said the services will be open to all.
“Our family is overwhelmed and overjoyed by the amazing amount of support being offered by common, ordinary people who our father’s life has come into contact with,” his eldest son, Jesse Jackson Jr., said before the services began. “This is a unique opportunity to lay down some of the political rhetoric and to lay down some of the division that deeply divides our country and to reflect upon a man who brought people together.”
The family of the Rev. Jesse Jackson arrives as Yusep Jackson wipes his eyes before public visitation at Rainbow/PUSH Coalition in Chicago on Thursday.
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The services included prayers from some of the city’s most well-known religious leaders, including Chicago Cardinal Blase Cupich. Mourners of all ages — from toddlers in strollers to elderly people in wheelchairs — came to pay respects.
Video clips of his appearances at news conferences, the campaign trail and even “Sesame Street” also played inside the auditorium.
Claudette Redic, a retiree who lives in Chicago, said her family has respected Jackson, from backing his presidential ambitions to her son getting a scholarship from a program Jackson championed.
“We have generations of support,” she said. “I’m hoping we continue.”
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