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

Presidential powers: Corporate abuses big concern after SCOTUS move

An oil production operation is shown in North Dakota. With the U.S. Supreme Court granting more presidential powers to the executive branch, environmental groups warned key agencies will have a harder time going after polluters.

(Adobe Stock)

Presidential powers: Corporate abuses big concern after SCOTUS move

A U.S. Supreme Court opinion issued last month expands presidential power over independent federal agencies, prompting warnings from environmental advocates about potential implications for states such as North Dakota.

The court’s conservative majority said President Donald Trump had the authority to fire a former Federal Trade Commission member without cause. Legal observers countered the opinion nullifies longstanding precedent involving the role of Congress in insulating certain federal agency officials from direct presidential control.

Keep ReadingShow less
Federal Register Reports being printed out of a large machine.

Congress should strengthen the administrative state by writing clearer laws, limiting delegated authority, and requiring periodic reauthorization of agency powers.

Photo courtesy of Luka Jacobi-Krohn

Putting the Guardrails Back on Delegations of Power

Congress needs to write better laws instead of dismantling the administrative state.

Debates over the administrative state focus on whether these agencies have accrued too much power. Some argue that the solution is to severely weaken or, in extreme scenarios, dismantle these federal agencies. However, the issue is not the existence of these agencies but actually how Congress writes its laws. When statutes are drafted with vague language, agencies are left to interpret the scope, and courts are forced to set the boundaries. This results in constant litigation and generally regulatory instability. If Congress actually wants a more durable and accountable regulatory system, they need to start with themselves by writing clearer laws.

Keep ReadingShow less
Businesspeople walking in line across world map, painted on asphalt

America's immigration debate reflects a deeper question: Does America still believe in itself? A historical look at immigration, assimilation, and American identity.

Klaus Vedfelt / Getty Images

What Immigration Debates Reveal About National Confidence

America has spent 250 years arguing about immigrants.

But beneath the arguments about visas, walls, asylum claims, deportations, and border security lies a more uncomfortable question:

Keep ReadingShow less
The U.S. flag, waving, with the ends of it frayed.

The U.S. is falling short of what its national wealth makes possible for its people.

Americans Are Not As Well Off As People in Peer Nations – Us Safety Net’s Shortfalls Show Up in Global Data

As the United States celebrates the 250th anniversary of its Declaration of Independence, the global data we collect and analyze shows that the country is failing to “promote the general Welfare,” as the Constitution’s framers promised a little more than a decade later.

We are scholars of human rights. Alongside the Human Rights Measurement Initiative, a nonprofit that tracks how well more than 200 countries and territories are meeting the human rights commitments their governments have made, we annually update scores measuring whether people can actually get the basics of a decent life, such as healthcare, adequate food and a quality education.

Keep ReadingShow less