On Thursday, September 26, 2024, The Washington Post reported that a significant legislative proposal aimed at overhauling the Supreme Court was introduced by Senator Ron Wyden, a Democrat from Oregon. The bill seeks to expand the number of justices from the current nine to fifteen over a twelve-year period, a move designed to restore public confidence in the judiciary, which has seen a decline in approval ratings amid recent controversies.

Senator Wyden, who chairs the Senate Finance Committee, outlined the main objectives of the bill during its announcement. He emphasized the need to address the politicization of the judicial selection process and to create a more balanced structure among the three branches of government. The proposed legislation would implement a staggered appointment system, allowing each president to nominate justices in the first and third years of their terms. This approach aims to mitigate the risk of any single political party dominating the court with its appointments.

In addition to increasing the number of justices, the bill proposes that a two-thirds majority of the Supreme Court and the circuit courts of appeals would be required to overturn laws passed by Congress, rather than the current simple majority requirement. Wyden expressed concern that the existing court has been too quick to overturn established precedents and limit rights by narrow margins.

Another critical aspect of the proposal includes ensuring that Supreme Court nominees receive a Senate vote automatically if their nominations remain in committee for over 180 days. This measure is intended to prevent delays similar to those experienced during the nomination of Merrick Garland in 2016, when Senate Majority Leader Mitch McConnell refused to hold a vote on Garland’s nomination, ultimately allowing President Trump to nominate Justice Neil Gorsuch instead.

The legislation would also expand the number of federal judicial circuits from thirteen to fifteen, adding more than 100 district court judges and over 60 appellate judges. Furthermore, it proposes enhanced financial transparency for Supreme Court justices, requiring annual audits of their tax returns by the IRS and public disclosure of the results. Nominees would need to reveal three years of their tax returns.

Other provisions in the bill include a mechanism allowing two-thirds of the justices to mandate the recusal of a fellow justice from a case. Justices would also be required to publicly disclose their opinions and voting records on emergency decisions, often referred to as the shadow docket, which has become increasingly controversial.

The proposal comes in the wake of declining public trust in the Supreme Court, with a Gallup poll indicating that only 43 percent of Americans approved of the court’s performance, while 53 percent disapproved. The push for reform has gained traction as Democrats aim to address various ethical concerns surrounding the justices, including allegations of undisclosed travel funded by wealthy benefactors and other ethical lapses.

While the bill represents one of the most ambitious efforts to reform the Supreme Court in recent years, it faces significant hurdles in Congress. Republicans, who currently control the House, have largely opposed such measures, viewing them as politically motivated rather than genuine reform efforts. They argue that Democrats are attempting to undermine a court that has consistently ruled in favor of conservative principles.

In light of these developments, several other related bills have also been introduced by Democrats, aiming to enhance the Supreme Court’s ethics code and establish term limits for justices. President Biden has voiced his support for a binding ethics code and 18-year term limits, reflecting a growing consensus among some lawmakers regarding the need for judicial reform.

Despite the challenges ahead, public opinion appears to favor certain reforms. A recent USA Today/Ipsos poll found that 75 percent of Americans support a binding ethics code for justices, and 61 percent back the idea of term limits, although only 40 percent are in favor of expanding the court to fifteen justices.

As the legislative process unfolds, the future of Wyden’s proposal and other reform efforts remains uncertain, but the ongoing discussions signal a pivotal moment for the U.S. Supreme Court and its role within the American political landscape.

 

 

Source: The Washington Post