ACLU Comment on The Biden-Harris Administration’s Supreme Court Reform Proposal

President Joseph Biden released a proposal today to reform the Supreme Court through term limits and a code of ethics. President Biden also proposed a constitutional amendment to reverse the Supreme Court’s recent decision granting former presidents’ immunity from criminal prosecution.

In response, the American Civil Liberties Union reiterated its previous support for reforms that would reduce politicization of the Court, such as term limits and ethics rules.

“The Supreme Court serves one of its highest functions when it protects civil rights and liberties. To do so, it must be able to withstand political and partisan pressures, because protecting civil rights and civil liberties will often require rejecting or restraining the actions of political officials or bodies responding to majoritarian sentiment. The ACLU therefore supports reforms, such as term limits and ethics rules, that decrease politicization of the Court and increase its legitimacy,” said David Cole, legal director for the American Civil Liberties Union.

The ACLU also supports Biden’s proposed constitutional amendment to reverse the Court’s recent decision granting presidents immunity from prosecution for criminal acts committed using the powers of their office, a decision the ACLU has said grants future presidents a blank check to break the law.

“In the United States, we elect presidents, not kings. No one is above the law,” said Mike Zamore, national director of policy & government affairs. “We applaud President Biden for seeing how dangerous this decision from the Supreme Court is and working to prevent future presidents from abusing their power while in office.”