The Freedom From Religion Foundation commends President Joe Biden’s endorsement today of official court reform as a significant step toward restoring balance and integrity within the nation’s highest court.
In response to the high court’s shocking decision which gave presidents broad immunity for prosecution for crimes committed in office, Biden proposed the “No One Is Above the Law Amendment.” The constitutional amendment “would make clear that there is no immunity for crimes a former president committed while in office,” writes Biden. “This nation was founded on a simple yet profound principle: No one is above the law.”
He also proposed a long-overdue “binding code of conduct for the Supreme Court,” calling its current voluntary code “weak and self-enforced.” As Biden correctly noted, an enforceable code of conduct binds every other federal judge, and there is no reason for the Supreme Court to be exempt. FFRF, which has long supported the Supreme Court Ethics and Recusal Act (SCERT), applauds Biden for this proposal.
Finally, Biden called for term limits in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court. This proposal, while popular, is problematic. The Constitution calls for lifetime appointments, and Biden’s statement, published in today’s Washington Post, left unaddressed how term limits could be imposed without a constitutional amendment.
Although pleased to see Biden finally come out for court reform with teeth, FFRF still sees the expansion of the Supreme Court via the Judiciary Act as the best way to protect against an imperial presidency, undo the Dobbs Decision, provide the strongest defense against Project 2025 and its future iterations, and secure the separation of state and church. Court expansion does not require a constitutional amendment. Court size has varied over the centuries and been closely tied to the number of appellate districts, which now count 13. The Judiciary Act calls for adding four seats for a total of 13 justices.
The recent and continuing ethics violations by Justices Samuel Alito, Clarence Thomas, and their spouses, highlight the urgent need for these reforms. Their actions have underscored the lack of accountability and transparency currently plaguing the Supreme Court. FFRF has consistently demanded judicial reforms in light of these violations, advocating for a judiciary that is free from corruption and undue influence.
“FFRF is heartened by President Biden’s call for Supreme Court reform,” says Annie Laurie Gaylor, FFRF co-president. “These proposals align with our organization’s enduring advocacy for judicial accountability and transparency, which are essential to maintaining a fair and impartial judiciary that respects the separation of religion and government.”
“The integrity of the Supreme Court is paramount to the health of our democracy. Implementing term limits, enforcing stringent ethical standards and expanding the court are essential steps in preserving judicial independence and ensuring fair representation for all Americans.”
In addition to ethics reforms, FFRF advocates for expanding the Supreme Court as a tested constitutional means to rein in an out-of-control Supreme Court. Expanding the court will ensure a more balanced and representative judiciary that can check presidential overreach, protect reproductive rights, and prevent the erosion of secular governance. Expanding the court not only addresses immediate concerns but also strengthens the long-term integrity and impartiality of the Supreme Court, which is essential for preserving the foundational principles of our democracy.
The Freedom From Religion Foundation is a national nonprofit organization with over 40,000 members across the country. Our purposes are to protect the constitutional principle of separation between state and church, and to educate the public on matters relating to nontheism.
