This week, the White House announced a radical set of policy proposals to remake the Supreme Court of the United States. The proposals include reducing the length of time Supreme Court justices serve to 18-year terms and stripping former presidents of their immunity from prosecution for their actions in office. The latter is in plain opposition to a recent Supreme Court decision and would require passage of a constitutional amendment.
In a Washington Post opinion piece accompanying the announcement, President Biden falsely claimed a recent decision by the Supreme Court leaves the office of President of the United States above the law and without limit on his powers. This is simply not true. The framers of our Constitution had the wisdom to establish checks on the actions of the president. These limits include impeachment, removal from office, and disqualification from holding office again.
Furthermore, with the duty to interpret the law, the Judicial Branch holds the Executive Branch accountable to the Constitution through a process known as judicial review. President Biden and Vice President Harris should know this well, as several of their administration’s unsuccessful policies of the last four years—such as their WOTUS rule and student loan scam—have been struck down by the court.
