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.
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What are the president’s proposed Supreme Court changes?
Members of the Supreme Court sit for a group photo on Friday, Oct. 7, 2022, in Washington, D.C.
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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.
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“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.
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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.”
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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.
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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.”
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Melissa Quinn
Melissa Quinn is a politics reporter for CBSNews.com. She has written for outlets including the Washington Examiner, Daily Signal and Alexandria Times. Melissa covers U.S. politics, with a focus on the Supreme Court and federal courts.
Roula Khalaf, Editor of the FT, selects her favourite stories in this weekly newsletter.
Triathletes from around the world are hanging in suspense over whether the swimming leg of their Paris Olympics event can be held in the Seine river on Tuesday.
The final training sessions on Sunday and Monday were cancelled because heavy rain in the two previous days and unseasonably cold temperatures pushed up E.coli and other bacteria levels above those considered safe by the World Triathlon, according to organisers.
French authorities have made a huge bet that a €1.4bn infrastructure upgrade to the capital’s antique sewage system and water treatment plants would suffice to hold triathlon and marathon swimming in the river. But the plans are weather-dependent since the sewage system overflows into the Seine when it rains heavily, so as to avoid flooding the streets.
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They also built a massive underground storage tank that captures excess rainwater when the sewer system is overwhelmed. It was not enough to contain the storms on Friday and Saturday that amounted to the equivalent of two weeks of rain, said organisers.
The 55 triathletes are scheduled to dive in from the starting line near the Pont Alexandre III on Tuesday morning at 8am. But they will not find out from organisers if the event can go ahead as planned until 4am, potentially causing last-minute stress or sleep interruptions among athletes who have trained for the event for years.
If the water quality is poor, the event can be postponed to August 6, in a contingency plan set up by organisers. The women’s triathlon is set for Wednesday, and mixed relay on August 3 — with options to delay their races, as well.
“Given the weather forecast for the next 36 hours, Paris 2024 and World Triathlon are confident that water quality will return to below limits before the start for of the triathlon competitions,” the two bodies said in a joint statement on Monday.
They cited “summer conditions” observed earlier this month, when more sunshine, higher temperatures and no rain had “improved significantly” the water quality in the Seine.
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Étienne Thobois, the chief executive of Paris Organising Committee, said Monday that water levels and speeds were within acceptable ranges. “We do not have an issue with that,” he said, adding that the samples on which the decision would be based were taken 24 hours before the start.
If the competition goes ahead, it will be the first time athletes have swum in the Seine since the 1924 Paris Olympics.
Mike Cavendish, the British Triathlon performance director, said the cancellation of some training sessions was not ideal but would affect all athletes equally: “We have great confidence in the preparation we’ve done and know our athletes will be on the start line in the best possible shape to compete at their best.”
The organisers, along with the French government and Paris mayor Anne Hidalgo have vaunted the river clean up as a key legacy of the games.
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Hidalgo and Tony Estanguet, three-time gold medallist and the head of the Paris organising committee, swam in the Seine earlier this month triumphantly proclaiming it ready for the Olympics — images that made global headlines.
But if the river events are cancelled it will be a major blow to organisers, who otherwise avoided major budget overruns or missed deadlines. Just two new venues have been built, with most events being held in temporary venues near tourist landmarks such as beach volleyball at the Tour Eiffel and equestrian competitions at the Versailles Palace.
Since the Paris games opened on Friday, the heavy rains have caused several other events to be delayed, such as skateboarding and tennis matches.
Downpour also marred the extravagant opening ceremony, which included 10,500 athletes on a boat parade on the Seine. Some performances were scaled back, while spectators and heads of state were drenched as they watched the show in the heavy rain.
Events: Foreign ministers of Australia, India, Japan and the US hold a Quadrilateral Security Dialogue meeting in Tokyo. US secretary of state Antony Blinken concludes a visit to Japan and leaves for the Philippines. Indonesian foreign minister Retno Marsudi visits New Zealand. EU foreign policy chief Josep Borrell heads to Vietnam. The Unesco World Heritage Committee, meeting in New Delhi, presents its 2024-31 Europe and North America action plan.
Economic indicators: China issues foreign direct investment data for June. State Bank of Pakistan governor Jameel Ahmad announces an interest rates decision.
Corporate updates: Indian utility Adani Gas, Japanese machinery group Komatsu and drugmaker Shionogi & Co, and Chinese medical tech company WuXi AppTec present quarterly earnings. Singapore Airlines holds its annual meeting. South Korea’s Samsung Electronics faces a deadline to make a fresh offer on pay and conditions to its biggest workers’ union.
Kevin Durant of Team United States looks to pass against Serbia’s Vasilije Micic (left) during the second half of Olympic group play at Stade Pierre Mauroy on Sunday in Lille, France.
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NPR is in Paris for the 2024 Summer Olympics. For more of our coverage from the games head to our latest updates.
PARIS – The U.S. men’s national basketball team started its march toward what the players hope is a fifth consecutive Olympic gold medal, with a 110-84 victory over Serbia on Sunday.
Three-time gold medalist Kevin Durant made his return to the court, scoring 23 points (21 in the first half), and making his first eight shots in the game. LeBron James added 21 points, nine assists and seven rebounds.
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“Everybody played their role pretty well,” Durant said. “My role was to come in and provide spacing and shot-making for the team, and I’m glad I was able to knock them down.”
Durant missed all five exhibition games that the U.S. played ahead of Paris, due to a calf strain. He’s hoping to make his own history in Paris – seeking a record fourth Olympic gold medal in men’s basketball.
U.S. coach Steve Kerr, who spent three seasons with Durant at the Golden State Warriors, brought Durant off the bench, rather than using him in the starting lineup.
“More than any player I’ve ever been around, when he comes back from a long absence, you don’t notice it,” Kerr said. “He’s so skilled and he just looked like he was in mid-season form after not playing in a real basketball game for a couple of months.”
The game against Nikola Jokic and Serbia was expected to be the most significant test of the men’s team’s opening round. Jokich, a three-time NBA MVP, scored 20 points with five rebounds and eight assists. Bogdan Bogdanovic scored 14.
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“The whole approach was that the strength of our team is depth,” Kerr said of Jokic. “And we’ve got three guys who can guard him. And that was the approach, rotate guys onto him and cross your fingers because he’s a brilliant player.”
Stephen Curry reacts at the end of the USA game against Serbia. It’s his first Olympics and he says he’s trying to savor every minute of it.
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The game also marked a return to the Olympics for LeBron James after a 12-year gap.
“It was phenomenal,” James said. “Listening to our national anthem, listening to the fans cheer, definitely got a little nervous, my stomach, the butterflies came out.”
James said the game was the best the team has played so far.
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“I thought they tested us early. The second group came in, gave us a big lift,” he said.
To win its fifth straight gold medal, the men’s team has to advance out of its four-team group in the opening round of the tournament, and then win three consecutive games in the knockout round.
“Very, very important to get off to a good start in this tournament because every game is so big,” said Stephen Curry, who scored 11 points in his first game as an Olympian. “You want to get the gold. Serbia’s a great team, they run a very intricate offense and a very physical defense. KD was unbelievable in the first half and gave us a huge boost, and our defense in the second half opened the game up.”
The men’s national team will next face South Sudan on Wednesday, which is playing in the Olympics for the first time. During exhibition play this summer, the U.S. team narrowly avoided a loss to South Sudan, 101-100, to remain unbeaten.
