President Joe Biden's call for Supreme Court term limits and a code of ethics is already "dead in the water," retired Judge Andrew Napolitano told Newsmax on Tuesday.
"The procedures for amending the Constitution are intentionally difficult," Napolitano said on Newsmax's "Wake Up America." "It would require an affirmative vote of two-thirds of each house of Congress, so it's dead in the water right there."
Further, Napolitano said that even if Congress voted to approve Biden's plan, then three-quarters of the legislatures of all the states would have to vote to approve it.
"It's just simply not going to happen," said Napolitano. "It's certainly not going to happen during Joe Biden's remaining five terms in office."
Biden's call, which also presses lawmakers to ratify a constitutional amendment limiting presidential immunity, in response to the court's ruling this year in former President Donald Trump's favor on immunity cases, is "really a political element," said Napolitano.
"The left and the Democrats are still brooding over the reversal of Roe v. Wade, and this is their way of making this part of the political conversation in the next three months during the presidential election campaign," he added.
While Biden was making his announcement, he read from the dissent on the immunity ruling, in which Justice Sonia Sotomayor warned about the implications of allowing the privilege for presidents.
"Her dissent was hyperbolic," said Napolitano. "She was very, very upset with the decision. When justices dissent, they always say, 'I respectfully dissent.' She dropped the word respectfully, which sends a message to the rest of her colleagues that she doesn't even respect their thinking because she disagrees with it."
Biden, he added, should be happy with the immunity decision.
"It prevents whoever is going to succeed him in office from prosecuting him for anything he may have done while he's in office," said Napolitano. "But again it would take a constitutional amendment to reverse a decision of the Supreme Court. It's not going to happen in the short term. It's not going to happen at all. But it generates a debate which the Democrats think will help them."
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