In response to President Biden’s July 30 op-ed, “My plan to reform the Supreme Court and ensure no president is above the law”:

During his 36 years as a senator, eight years as vice president and nearly four years as president, Mr. Biden never proposed any “reforms” to the Supreme Court. Now, just before the end of his term, he has seen the light and suggested a series of radical changes that would undermine the independence of the one branch of government that is supposed to be apolitical.

Why? Because the Democratic base is upset with some court decisions. Mr. Biden is feeding that discontent and catering to Democrats’ rallying cry.

Let’s consider his three proposed reforms:

First, a constitutional amendment to overturn the court’s decision in Trump v. United States. Although Mr. Biden claimed the court granted absolute immunity to former presidents, it did no such thing. The court held presidents get no immunity for unofficial acts and only presumptive immunity—which can be overcome—for the vast majority of official acts they undertake. This proposal may send a message to Mr. Biden’s constituency, but the amendment has no realistic chance of becoming part of our Constitution.

>>> Biden’s Attempt To Control the Supreme Court Is Unconstitutional

Second, term limits for justices. This solution-in-search-of-a-problem will also require a constitutional amendment, because federal judges receive life tenure unless impeached. And anyone who thinks that having more frequent Supreme Court confirmations will depoliticize the process is delusional.

Finally, an enforceable judicial ethics code for Supreme Court justices. While attacking Justices Clarence Thomas and Samuel A. Alito Jr., neither Mr. Biden nor anyone else on the left cried foul when Justices Ruth Bader Ginsburg and Stephen G. Breyer reported trips paid for by wealthy friends, one of which Ms. Ginsburg took eight months after a court ruling in her benefactor’s favor. Further, since the Constitution (not Congress) created the Supreme Court, Congress has only limited authority to impose rules. Indeed, Congress has no more right to impose an enforceable ethics code on the Supreme Court than the Supreme Court has to impose such a code on Congress. Any enforcement process would undoubtedly result in a stream of baseless charges designed to intimidate the Republican appointees.

These proposals should be seen for what they are: a blatant move to energize Mr. Biden’s supporters and attack the independence of the Supreme Court.