WASHINGTON – U.S. Senator Ben Cardin (D-Md.) issued the following statement in response to President Joe Biden’s call for Supreme Court reform.
“I welcome President Biden’s recommendations for Supreme Court reforms. Regretfully, the Supreme Court has lost much of its legitimacy with the American people, who are rightfully questioning whether the justices are abiding by basic ethics standards and carrying out impartial justice. Congress has a role to play and should start by passing a binding and enforceable code of conduct for justices. This should include robust disclosure of gifts, recusal from cases where justices or their spouses have conflicts of interest, and a ban on partisan political activity. These are basic standards the American people already expect. The highest court in the land cannot have the lowest ethics standards, which every other judge, Member of Congress, and executive branch official are bound to follow.
“Just as the president has term limits, the Supreme Court also should have term limits. Supreme Court justices should have a lengthy but not lifetime appointment to the Supreme Court. Justices should rotate off the court on a regular basis. This would allow each president to regularly appoint a certain number of justices and reduce the politicization and gaming of the Senate confirmation process. Importantly, the Senate should not hold a vacant court seat open for a year – as was wrongly done after the death of Justice Antonin Scalia – nor should the Senate rush through a confirmation after early voting had already started for a presidential election – as was wrongly done after the death of Justice Ruth Bader Ginsburg.
“I will support legislative efforts to ensure that no president – or justice – is above the law, and to reject presidential immunity in our legal system. Our nation was founded 248 years ago to break away from a tyrannical monarchy. Our constitutional system was founded upon the principle of equal justice under the law, with a carefully designed system of checks and balances. The Constitution itself provides that even presidents who are impeached and removed from office ‘shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.’ Congress must act to make sure that future presidents are held accountable for misconduct and are not tempted to break the law for personal or political gain without fear of any consequences.”
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