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Biden is backing major Supreme Court reforms. Here’s what they would do.

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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.

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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.
Members of the Supreme Court sit for a group photo on Friday, Oct. 7, 2022, in Washington, D.C.

Jabin Botsford/The Washington Post via Getty Images


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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Takeaways From Marco Rubio’s Senate Hearing

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Takeaways From Marco Rubio’s Senate Hearing

Marco Rubio, the Republican senator from Florida named by Donald J. Trump to be the next secretary of state, was warmly welcomed by senators from both parties at his confirmation hearing on Wednesday. He has served for years on the Foreign Relations and Intelligence Committees in the Senate, and is known as a lawmaker devoted to the details of foreign policy.

“I believe you have the skills and are well qualified to serve as secretary of state,” Senator Jeanne Shaheen, Democrat of Hampshire, said in her opening remarks.

The notable lack of tension at the hearing indicated that Mr. Rubio would almost certainly be confirmed quickly.

From the lines of questioning, it was clear what senators want Mr. Rubio and the Trump administration to focus on: China, Russia, North Korea and Iran. Mr. Rubio himself pointed to those four powers — what some call an “axis” — in his opening remarks.

They “sow chaos and instability and align with and fund radical terror groups, then hide behind their veto power at the United Nations and the threat of nuclear war,” he said. As permanent members of the U.N. Security Council, China and Russia have veto power over U.N. resolutions.

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Mr. Rubio repeatedly singled out the Chinese Communist Party for criticism, and, unlike Mr. Trump, he had no praise for any of the autocrats running those nations.

He did say the administration’s official policy on Ukraine would be to try to end the war that President Vladimir V. Putin of Russia started, and that leaders in both Kyiv and Moscow would need to make concessions. U.S. officials say Russia has drawn its allies and partners into the war, relying on North Korea for troops and arms, Iran for weapons and training, and China for a rebuilding of the Russian defense industrial base.

Mr. Rubio defended Israel’s conduct in the war in Gaza, blaming Hamas for using civilians as human shields and calling the deaths of tens of thousands of Palestinians in Gaza, most of them non-combatants, “one of the terrible things about war.”

He expressed concern about threats to Israel’s security. “You cannot coexist with armed elements at your border who seek your destruction and evisceration, as a state. You just can’t,” he said.

When asked whether he believed Israel’s annexing Palestinian territory would be contrary to peace and security in the Middle East, Mr. Rubio did not give a direct answer, calling it “a very complex issue.”

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Mr. Rubio’s hearing was about two hours in when the committee’s chairman announced that Israel and Hamas had sealed an agreement to begin a temporary cease-fire and partial hostage release in Gaza. An initial hostage and cease-fire agreement, reached in November 2023, fell apart after a week.

Mr. Rubio called the North Atlantic Treaty Organization, which Mr. Trump has repeatedly criticized, “a very important alliance” and insisted that Mr. Trump was a NATO supporter. But he also backed Mr. Trump’s argument that a strong NATO requires Europe to spend more money on its collective defense.

The United States, he said, must choose whether it will serve “a primary defense role or a backstop” to a self-reliant Europe.

Some prominent Trump supporters remain distrustful of Mr. Rubio. They recall his vote to certify the 2020 election results despite Mr. Trump’s false claims of election fraud. And they consider Mr. Rubio’s foreign policy record dangerously interventionist.

Mr. Rubio has long been a hawkish voice on national security issues, often in ways that clash with Mr. Trump’s views, even if the ideas are conventional ones among centrist Republican and Democratic politicians.

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In the past, Senator Rand Paul, Republican of Kentucky, has criticized Mr. Rubio for advocating aggressive American intervention overseas. Mr. Paul has been outspoken in pushing for less use of U.S. troops abroad and is skeptical about whether economic sanctions can lead to positive outcomes.

On Wednesday, Mr. Paul pointedly asked Mr. Rubio whether he saw any way to work with China rather then persisting in attacks on Beijing, and he also questioned the wisdom of many American and European policymakers who insisted that Ukraine must be admitted to NATO.

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Gaza ceasefire announced after 15 months of war

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Gaza ceasefire announced after 15 months of war

Israel and Hamas have agreed a ceasefire to halt the 15-month war in Gaza and free the remaining hostages, mediators said, raising hopes of an end to a devastating conflict that has shaken the Middle East and the world beyond.

But, despite celebrations erupting across the region, the office of Israel’s Prime Minister Benjamin Netanyahu warned that some details still had to be finalised as of Wednesday night.

The multiphase agreement, due to take effect on Sunday, a day before Donald Trump returns to office as US president, was announced by Qatari Prime Minister Sheikh Mohammed bin Abdulrahman bin al-Thani. However, he noted that the parties still had to give final approval.

The agreement offers hope of a halt — and potentially an end — to a brutal war that has become the deadliest chapter in the decades-long history of the Israeli-Palestinian conflict, leaving Gaza in ruins, consuming Israeli society, and pushing the Middle East to the brink of a full-blown war.

The fighting was triggered by Hamas’s brutal October 7, 2023 attack on Israel, during which fighters from the Palestinian militant group killed 1,200 people, and took 250 hostage, in the deadliest day for Jews since the Holocaust.

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Israel responded with a ferocious offensive in Gaza that has killed more than 46,000 people and fuelled a humanitarian catastrophe in the enclave.

Previous attempts to broker a deal to end the conflict and secure the release of the 98 mainly Israeli hostages still in Gaza — not all of whom are alive — had repeatedly foundered when Israel and Hamas refused to make the necessary concessions.

Supporters of Israeli hostages kidnapped during the October 7 2023 attack by Hamas © Ronen Zvulun/Reuters

But the re-election of Trump — who threatened that there would be “all hell to pay” if the hostages were not released before his inauguration — injected renewed momentum into the long-stalled talks.

Trump was among the first leaders to hail the deal on Wednesday, writing on his Truth Social platform ahead of the formal announcement: “WE HAVE A DEAL FOR THE HOSTAGES IN THE MIDDLE EAST. THEY WILL BE RELEASED SHORTLY.”

He added his national security team would “continue to work closely with Israel and our Allies to make sure Gaza NEVER again becomes a terrorist safe haven”.

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In comments of his own hailing the deal, US President Joe Biden described the Doha-based talks as “one of the toughest negotiations I have ever experienced”.

He added that the agreement would “halt the fighting in Gaza, surge much needed-humanitarian assistance to Palestinian civilians, and reunite the hostages with their families after more than 15 months in captivity”.

But Netanyahu’s office said shortly after Trump’s announcement that there were “still several sections left open in the proposal and we hope that the details will be finalised tonight”.

A person close to the talks said a deal had been done after the Qatari prime minister had met Hamas and Israeli negotiators separately in a final push for an agreement.

But the person added that, while Hamas had agreed to the deal, conceding on one of its final demands, Israel had since “raised a new outstanding issue”. They said: “Mediators are working to resolve it.”

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An Israeli official said that the final details which Netanyahu’s office said still needed to be finalised related to the identity of those Palestinian prisoners set to be released in exchange for hostages.

Israel’s government is due to vote on the deal, which is based on a three-phase proposal first outlined by Biden last year. Far-right ministers, including national security minister Itamar Ben-Gvir, have expressed opposition, but are not expected to be able to block the deal.

The first phase will involve a 42-day truce, during which 33 Israeli hostages — including children, all female prisoners, the sick and elderly — will be freed in exchange for Palestinian prisoners held in Israeli jails and a dramatic increase in humanitarian aid deliveries into Gaza.

The two parties would begin negotiating the second phase no later than day 16 of the truce. During this period the remaining hostages, including male soldiers, are meant to be released in exchange for more Palestinian prisoners.

If fully implemented, the second phase will also lead to a permanent ceasefire and the full withdrawal of Israeli troops from Gaza. 

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The final phase would involve the return of all the bodies of hostages who died, and the reconstruction of Gaza, under the supervision of Egypt, Qatar and the UN.

The talks over a deal intensified in mid-December after a ceasefire between Israel and Hizbollah in Lebanon.

A senior Biden administration official said one issue impeding the completion of the talks was Hamas’s refusal to acknowledge how many hostages it was holding and which ones would come out in the first phase of a deal.

The Palestinian group agreed at the end of December to a list of some 33 hostages, accelerating the end of the talks.

Biden’s top Middle East adviser Brett McGurk was joined in the last days of the talks by Trump’s Middle East envoy Steve Witkoff. A senior Biden administration official called it “a historic and crucial partnership” to finalise the arrangements. 

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The talks ran into the early hours of Wednesday, with McGurk, Witkoff and Egyptian and Qatari officials upstairs with the Israeli negotiators, and Hamas downstairs, nailing down dozens of final details.

Abu Shukri, a community organiser sheltering in the Maghazi refugee camp in Gaza, said people in the neighbourhood had lined the streets and balconies in anticipation of the announcement of the ceasefire deal. As news reached them, people shouted and shot in the air in celebration. 

“We just thank God,” Abu Shukri said of the news. “But we’ve given our children, we gave our parents.” 

Additional reporting by Malaika Tapper in Beirut and Neri Zilber in Tel Aviv

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LA fires are still raging, but forecasters expect calmer winds in the coming days

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LA fires are still raging, but forecasters expect calmer winds in the coming days

An urban search and rescue team from Mexico combs through the ruins of a beachfront house searching for victims in the aftermath of the Palisades Fire in Malibu, Calif., on Tuesday.

Valerie Macon/AFP via Getty Images


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Valerie Macon/AFP via Getty Images

This is a developing story. For the latest local updates head to LAist.com and sign up for breaking news alerts.

Another day of fierce winds gusting to 65 mph in mountainous areas of Los Angeles and Ventura Counties in Southern California was expected on Wednesday, but weather more conducive to firefighting operations is expected soon.

The National Weather Service (NWS) issued another red flag warning for the area until 3 p.m. PST, cautioning of more of the windy and dry conditions that have fed raging fires for more than a week. The strong Santa Ana winds have helped push the deadly blazes through the Los Angeles suburbs, killing at least 25 people and leveling expensive real estate in Pacific Palisades and Altadena.

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All told, the fires have engulfed more than 40,000 acres (more than 62 square miles), according to Cal Fire.

“The good news is that for the last two days we’ve had no increase in acreage at the Eaton Fire and it remains estimated at 14,117 acres with 35% containment,” Los Angeles County Fire Chief Anthony Marrone said of one of the largest fires. 

The Palisades fire, which spans more than 23,000 acres, is just 19% contained, according to Cal Fire.

On Tuesday, meteorologists initially called for particularly strong winds that turned out to be lighter that expected, according to NPR member station LAist.

But a reprieve in the high winds was expected from Thursday into Saturday. NWS meteorologist Ryan Kittell noted that the service is worried about “one last [wind] enhancement” through Wednesday and that peak winds would be highest in Ventura County.

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Speaking at a news conference on Wednesday, Los Angeles Mayor Karen Bass had difficulty describing the devastation that has befallen her city.

“The massive, massive destruction. Is unimaginable until you actually see it,” Bass said. Even so, she said, it was time “to begin to think about how we rebuild.”

Since the fires broke out last week, responders from across the U.S., Canada and Mexico have come to the aid of Southern California. “Yesterday, I also had the opportunity to meet with our international partners from Mexico to express our heartfelt gratitude for their assistance. The outpouring of support from both near and far, I tell you, is absolutely remarkable,” LA Fire Chief Kristin Crowley said.

Of the 25 dead, 17 were killed in the Eaton Fire and eight in the Palisades Fire, LAist says. Officials said of the 13 still listed as missing, two bodies had been recovered but not yet positively identified.

More than 55,000 customers were without power on Wednesday in Los Angeles and Ventura counties, according to PowerOutage.us.

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How to help and stay safe

Resources to help stay safe:

➡️ With fire danger still high, authorities implore you to follow evacuation orders

➡️ What to do — and not do — when you get home after a fire evacuation

➡️ Is smoke in your home? Here’s how to make an air purifier from a box fan

➡️Trying to stay safe in a wildfire? There’s an app that can help

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Ways to support the response and recovery:

➡️ Want to help fire victims? Here’s what experts say does the most good and places seeking volunteers

➡️ Wildfire donations and volunteering: How and where to help

➡️ Share: These are the steps fire victims need to take to make an insurance claim

The California Newsroom is following the extreme weather from across the region. Click through to LAist’s coverage for the latest.

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