Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Adding justices isn’t the only proposal for reforming the Supreme Court

Supreme Court reforms

Members of the Supreme Court attend the 2022 State of the Union address.

Saul Loeb - Pool/Getty Images

The recent leak of a draft opinion that would overturn Roe v. Wade has sparked discussion about changes to the Supreme Court’s operations and structure.

The idea drawing the most attention is expanding the court beyond nine members. People on the left say an expansion is necessary to rebalance the court after Republican presidents and senators have ensured a conservative majority for years to come. The right considers “court packing” a political ploy that would damage the institution.

But there are other potential reforms that advocates suggest would improve government transparency, reduce partisanship and strengthen the Supreme Court.


Term limits

The Framers determined Supreme Court justices “shall hold their Offices during good Behaviour,” which was determined to mean may serve for life if they so choose. By removing justices from the election process, in theory, their selection would be separated from the political process.

However, as the confirmation process has become politicized and even a significant portion of presidential campaigns, some observers have advocated establishing term limits for justices.

A leading proposal calls for justices to serve 18-year terms. Under that plan, justices who complete their terms become “senior justices” who could serve on lower courts and occasionally fill in at the top court.

Gabe Roth, executive director of Fix the Courts, explained the proposal in an op-ed for The Fulcrum:

The elegance of the 18-year plan is that it allows each president to nominate two of the nine justices per four-year term, with no exceptions. In the case of an unexpected vacancy — because of death or medical emergency, say — a senior justice would fill in until the expiration of the term of the departed justice. For example, when [Antonin] Scalia died four years ago, the court would not have been reduced to eight justices; rather, the most recently retired justice, John Paul Stevens, would have taken his place until the next justice was confirmed.

Cameras in the courtroom

C-SPAN began broadcasting live congressional proceedings in 1979, but nothing similar has ever been tried in the Supreme Court. Same-day audio recordings of oral arguments are made available by the court, but the United States is a video-centric nation (not just TV, but now with YouTube, Tik Tok and more), and reformers believe live video would make court proceedings more accessible to the American public.

Opponents counter that live video could negatively impact court proceedings because justices might play to the camera. (Some people have argued that C-SPAN has made Congress worse because lawmakers may be inclined to plan their remarks around soundbites rather than reasoned debate and collaboration.)

Many of the current justices expressed interest in, if not outright support for, cameras in their courtroom when they were up for confirmation. Since then, some have changed their minds.

Here’s Clarence Thomas during his 1991 confirmation hearings:

'I have no objection beyond a concern that the cameras be as unobtrusive as possible...It's good for the American public to see what's going on in there.'

But by 2006 his opinion had shifted:

'It runs the risk of undermining the manner in which we consider the cases. Certainly it will change our proceedings. And I don't think for the better.'

Code of ethics

The executive branch, including the White House, as the Office of Government Ethics. The House and Senate each have their own ethics committees (as well as the independent Office of Congressional Ethics for the House). And the judicial branch follows the Code of Conduct of United States Judges … except those rules do not apply to the Supreme Court.

Reform advocates argue that an ethics code should be created for the justices to protect against improper behavior.

Fix the Courts, an organization devoted to nonpartisan reforms to the federal courts, see this as a critical component of its plan, writing on its website:

“Research compiled from Fix the Court points out that while none of the justices has committed a removal offense, all nine of them are culpable of various ethical oversights, from leaving assets off their annual financial disclosure reports to speaking at partisan fundraisers to ruling on cases despite credible conflicts of interest.”

A number of bills have been introduced in Congress to create an ethics code for the Supreme Court, but most of them have not progressed. However, the For the People Act, which passed the House before getting blocked by the filibuster in the Senate, would direct the Judi­cial Confer­ence of the United States to craft an ethics code that includes the Supreme Court.


Read More

An illustration of the U.S. flag on the shape of the U.S. with blue and red figures of people across it.

Every state has its own constitution.

How State Constitutions Became the Battleground for American Rights and Liberties – on Both the Left and Right

Beyond picking governors, state legislators, local officials and representatives to serve in Congress, voters in almost every state this year will have the opportunity to amend the language of their state constitution. In one state, they could potentially rewrite the constitution altogether.

Though the U.S. Constitution is rarely amended, voters frequently amend their state constitutions. In every election cycle, voters are asked to ratify constitutional amendments.

Keep ReadingShow less
The Unscrupulousness of AIPAC

Israeli Prime Minister Benjamin Netanyahu addresses the American Israel Public Affairs Committee's annual policy conference at the Washington Convention Center March 6, 2018 in Washington, DC.

(Photo by Chip Somodevilla/Getty Images)

The Unscrupulousness of AIPAC

After AIPAC failed to defeat El-Sayed in the Michigan Democratic Senate primary—after spending $32 million—it said that it remains committed to defeating El-Sayed and his "radical, anti-Israel" agenda in the general election. Which means it is poised to sink tens of millions of dollars in supporting Republican Mike Rogers. It also said that Haley Stevens, his opponent, had presented "an authentic Democratic agenda." Meaning that El-Sayed did not? And they think that Mike Rogers, a MAGA Trump supporter, does compared with El-Sayed?

How can AIPAC say that El-Sayed does not present an authentic Democratic agenda when his socialist stance is much more in line with the principles stated in the Declaration of Independence than most centrist Democrats'? And making it sound like AIPAC cares about an authentic Democratic agenda is deceitful, when in the same breath they make clear that they will support Mike Rogers, a Trump lackey, in the general election.

Keep ReadingShow less
Scientists Warn of Deepening Federal Attacks on Research
silhouette of person using microscope

Scientists Warn of Deepening Federal Attacks on Research

Scientists and the federal government have been close partners since World War II. A landmark report by President Truman’s chief science advisor laid out a vision for government research that shaped eight decades of federally funded science. That vision is now at risk. In principle, the Trump administration has supported scientific research with its own vision for a new “golden age of science.” But in practice, the administration has upended the relationship between the government, researchers, and their institutions. The changes have alarmed working scientists and their allies, who have protested in record numbers.

In July, I moderated a webinar on “Rewriting the Rules: What’s happening to public science?” (read the transcript here). The webinar was co-sponsored by NAPA, CODE, and the Bridge Alliance, with Dr. Aaron Carroll of AcademyHealth, Dr. Chris Marcum of the Federation of American Scientists, Dr. Gretchen Goldman of the Union of Concerned Scientists, and Dr. Maryam Zaringhalam of the Center for Open Science. I also interviewed Cole Donovan of the Stand Up for Science Foundation by email.

Keep ReadingShow less
Democratic Party Suicide
a piece of paper cut out of the shape of a donkey
Photo by Kelly Sikkema on Unsplash

Democratic Party Suicide

A recent New York Times article, "Moderate Democrats Prepare for 'War' Against an Ascendant Left," describes a disturbing perspective among mainstream, moderate, centrist Democrats. It is disturbing for many reasons.

First, there is the practical impact. If indeed mainstream Democrats attack socialist Democrats in a sustained, organized manner, there is only one possible result: the defeat of the Party in 2026 and the renewed vigor of Trump and his MAGA allies. Especially when combined with the all-out effort that AIPAC will mostly take to support Republican candidates running against Democratic candidates who are socialists. (See my article, "The Unscrupulousness of AIPAC.")

Keep ReadingShow less