Democratic Senator Proposes Sweeping Supreme Court Reforms

Senator Ron Wyden has introduced a comprehensive bill aimed at reforming the United States Supreme Court, addressing longstanding concerns about its structure and operation. The proposal, unveiled on September 25, 2024, seeks to restore public confidence in the institution amid declining approval ratings and recent controversies.

The bill's most significant provision would gradually increase the number of justices from nine to fifteen over a twelve-year period. This expansion, reminiscent of the 1937 "court-packing" attempt by President Franklin D. Roosevelt, aims to dilute the impact of any single administration's appointments. The Supreme Court's size has remained unchanged since the Judiciary Act of 1869, despite the country's population growth and increasing complexity of legal issues.

Another key aspect of the legislation is the requirement for a two-thirds majority to overturn laws passed by Congress. This measure seeks to address concerns about the Court's recent tendency to discard precedents and curtail rights through narrow majority decisions. It's worth noting that the concept of judicial review, established in the landmark 1803 case Marbury v. Madison, has been a fundamental aspect of the Court's power for over two centuries.

The bill also proposes changes to the nomination process, mandating automatic scheduling of votes for nominees after 180 days. This provision aims to prevent situations like the 2016 blocking of Merrick Garland's nomination by then-Senate Majority Leader Mitch McConnell.

To enhance transparency and accountability, the legislation includes measures for annual audits of justices' tax returns and public disclosure of their financial information. This comes in response to recent ethics controversies, such as the undisclosed luxury vacations of Justice Clarence Thomas reported by ProPublica in 2023.

The proposal faces significant political challenges, particularly from Republicans who view it as an attempt to undermine the conservative majority on the Court. However, recent polls indicate public support for some reforms. A USA Today/Ipsos poll from August 2024 found that 75% of Americans favored a binding ethics code for justices, while 61% supported term limits.

It's important to note that the Supreme Court's decisions have historically shaped major social and political issues in the United States. The Court receives thousands of petitions each year but only hears about 80 cases, highlighting the significance of each ruling.

While Senator Wyden's bill may face an uphill battle, it has reignited the debate on Supreme Court reform. As the institution approaches its 236th year since its establishment in 1789, the discussion around its structure, ethics, and role in American democracy continues to evolve.

"Expanding the court to 15 justices might improve the administration of the high court and cool the rancorous politics around nominating justices."

As the debate unfolds, it remains to be seen how these proposed reforms will impact the future of the highest court in the land and its critical role in interpreting the Constitution.