DiscoverThe NPR Politics PodcastCan Joe Biden End Presidential Immunity And Change SCOTUS?
Can Joe Biden End Presidential Immunity And Change SCOTUS?

Can Joe Biden End Presidential Immunity And Change SCOTUS?

Update: 2024-07-314
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This podcast episode delves into President Biden's proposed reforms for the Supreme Court, including term limits, a binding code of conduct, and a constitutional amendment to remove presidential immunity for crimes committed while in office. The panelists discuss the political realities of these reforms, highlighting the deep partisan divide and the difficulty of achieving bipartisan support. They note that while term limits and a code of conduct are popular ideas, the process of amending the Constitution or passing legislation requires supermajorities, making it highly unlikely in the current political climate. The conversation then shifts to the role of norms and minority rule in shaping the Supreme Court. The panelists argue that the current court's conservative leanings are partly due to the erosion of norms and the ability of a minority party to control the confirmation process. They express concern about the potential for further polarization and the increasing disconnect between the court's decisions and public opinion. The episode concludes with a discussion of Biden's remaining agenda for his presidency, focusing on foreign policy and the upcoming election. The panelists acknowledge that Biden's ability to pass significant legislation is limited due to his lame-duck status, but they highlight the potential for him to use his remaining time to shape the political landscape and influence the 2024 election. They also reflect on Biden's legacy and his transformation from a moderate Democrat to a progressive champion, highlighting his achievements in infrastructure, manufacturing, climate change, and drug pricing.

Outlines

00:01:06
Supreme Court Reforms and Political Realities

President Biden proposes major reforms to the Supreme Court, including term limits, a binding code of conduct, and a constitutional amendment to remove presidential immunity for crimes committed while in office. The panelists discuss the political realities of court reform, highlighting the deep partisan divide and the difficulty of achieving bipartisan support for such significant changes.

00:07:02
Norms, Minority Rule, and the Supreme Court's Shift

The conversation shifts to the role of norms and minority rule in shaping the Supreme Court. The panelists argue that the current court's conservative leanings are partly due to the erosion of norms and the ability of a minority party to control the confirmation process. They express concern about the potential for further polarization and the increasing disconnect between the court's decisions and public opinion.

00:10:46
Biden's Legacy and the 2024 Election

The panelists discuss Biden's remaining agenda for his presidency, focusing on foreign policy and the upcoming election. They acknowledge that Biden's ability to pass significant legislation is limited due to his lame-duck status, but they highlight the potential for him to use his remaining time to shape the political landscape and influence the 2024 election. They also reflect on Biden's legacy and his transformation from a moderate Democrat to a progressive champion, highlighting his achievements in infrastructure, manufacturing, climate change, and drug pricing.

Keywords

Supreme Court


The highest federal court in the United States, established by Article III of the Constitution. It has final appellate jurisdiction over all federal courts and over state courts in cases involving federal law.

Term Limits


A restriction on the number of terms a person can serve in a particular office. Term limits are often proposed for elected officials, including members of Congress and Supreme Court justices, to prevent them from becoming entrenched in power.

Code of Conduct


A set of ethical guidelines or rules that govern the behavior of individuals in a particular profession or organization. A code of conduct for the Supreme Court would aim to ensure that justices uphold the highest standards of integrity and impartiality.

Bipartisan Support


Support for a policy or proposal from members of both major political parties. Bipartisan support is often seen as a sign of broad consensus and is essential for passing significant legislation in the United States.

Polarization


The increasing division and hostility between opposing political groups. Polarization can make it difficult to find common ground and can lead to gridlock in government.

Public Opinion


The attitudes and beliefs of the general public on a particular issue. Public opinion is often measured through surveys and polls and can influence the decisions of elected officials.

Confirmation Process


The process by which the Senate approves or rejects a presidential nominee for a federal office, including judgeships. The confirmation process can be highly partisan and can involve extensive hearings and debate.

Norms


Unwritten rules or expectations that govern behavior in a particular setting. Norms can be powerful influences on decision-making and can shape the way institutions function.

Q&A

  • What are the key reforms that President Biden has proposed for the Supreme Court?

    Biden has proposed term limits for justices, a binding code of conduct, and a constitutional amendment to remove presidential immunity for crimes committed while in office.

  • Why are these reforms unlikely to pass in the current political climate?

    The reforms require significant bipartisan support, which is difficult to achieve due to the deep partisan divide in Congress. The process of amending the Constitution or passing legislation also requires supermajorities, making it highly unlikely in the current political climate.

  • How has the erosion of norms and the rise of minority rule influenced the Supreme Court?

    The panelists argue that the current court's conservative leanings are partly due to the erosion of norms and the ability of a minority party to control the confirmation process. They express concern about the potential for further polarization and the increasing disconnect between the court's decisions and public opinion.

  • What are some of the key issues that Biden is likely to focus on in the remaining months of his presidency?

    Biden is likely to focus on foreign policy, including efforts to secure a peace agreement in the Middle East, continue arming Ukraine, and shore up Taiwan. Domestically, he is likely to focus on keeping the government funded and navigating the upcoming election.

  • How has Biden's presidency transformed his image from a moderate Democrat to a progressive champion?

    Biden's achievements in infrastructure, manufacturing, climate change, and drug pricing have resonated with the progressive wing of the Democratic Party. His policies have demonstrated a willingness to embrace progressive priorities, leading to a surprising level of support from progressive voices.

Show Notes

President Biden's plan to fix the Supreme Court is going nowhere quickly, but the ideas he is proposing seem likely to stick around for awhile.

This episode: national political correspondent Sarah McCammon, political correspondent Susan Davis, and senior national political correspondent Mara Liasson.

The podcast is produced by Casey Morell and Kelli Wessinger. Our intern is Bria Suggs. Our editor is Eric McDaniel. Our executive producer is Muthoni Muturi.

Listen to every episode of the NPR Politics Podcast sponsor-free, unlock access to bonus episodes with more from the NPR Politics team, and support public media when you sign up for The NPR Politics Podcast+ at plus.npr.org/politics.

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Can Joe Biden End Presidential Immunity And Change SCOTUS?

Can Joe Biden End Presidential Immunity And Change SCOTUS?