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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.

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Democrats’ Redistricting Gains Face New Court Battles Ahead of 2026 Elections
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Democrats’ Redistricting Gains Face New Court Battles Ahead of 2026 Elections

Earlier this year, I reported on Democrats’ redistricting wins in 2025, highlighting gains in states like California and North Carolina. As of December 18, the landscape has shifted again, with new maps finalized, ongoing court battles, and looming implications for the 2026 midterms.

Here are some key developments since mid‑2025:

  • California: Voters approved Proposition 50 in November, allowing legislature‑drawn maps that eliminated three safe Republican seats and made two more competitive. Democrats in vulnerable districts were redrawn into friendlier territory.
  • Virginia: On December 15, Democrats in the House of Delegates pushed a constitutional amendment on redistricting during a special session. Republicans denounced the move as unconstitutional, setting up a legal and political fight ahead of the 2026 elections.
  • Other states in play:
    • Ohio, Texas, Utah, Missouri, North Carolina: New maps are already in effect, reshaping battlegrounds.
    • Florida and Maryland: Legislatures have begun steps toward redistricting, though maps are not yet finalized.
    • New York: Court challenges may force changes to existing maps before 2026.
    • National picture: According to VoteHub’s tracker, the current district breakdown stands at 189 Democratic‑leaning, 205 Republican‑leaning, and 41 highly competitive seats.

Implications for 2026

  • Democrats’ wins in California and North Carolina strengthen their position, but legal challenges in Virginia and New York could blunt momentum.
  • Republicans remain favored in Texas and Ohio, where maps were redrawn to secure GOP advantages.
  • The unusually high number of mid‑decade redistricting efforts — not seen at this scale since the 1800s — underscores how both parties are aggressively shaping the battlefield for 2026.
So, here's the BIG PICTURE: The December snapshot shows Democrats still benefiting from redistricting in key states, but the fight is far from settled. With courts weighing in and legislatures maneuvering, the balance of power heading into the 2026 House elections remains fluid. What began as clear Democratic wins earlier in 2025 has evolved into a multi‑front contest over maps, legality, and political control.

Hugo Balta is the executive editor of the Fulcrum and the publisher of the Latino News Network

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