On Thursday, Democratic Sen. Ron Wyden of Oregon introduced a bill to overhaul the Supreme Court, including adding six justices to the court. It would do this over 12 years by having future presidents appoint one in their first and third years of their term until a total of 15 justices is reached.
The bill, titled the “Judicial Modernization and Transparency Act,’’ would also require a two-thirds supermajority—instead of a simple majority—to overturn laws passed by Congress. Additionally, it proposes a prevention measure to keep senators from blocking a president’s nominee by refusing to hold a vote. That happened in 2016, when then-President Barack Obama nominated Merrick Garland to the high court and then-Senate Majority Leader Mitch McConnell blocked it.
The bill also aims to build trust between the court and the American public by requiring justices to consider recusing themselves and make their written opinions public.
“I think we can all agree it’s time to reform the Supreme Court. As of today, I have the bill to do it,” Wyden said on X.
Wyden’s bill arrives as public opinion of the Supreme Court has fallen sharply. That’s due in large part to the court overturning Roe v. Wade and eliminating the constitutional right to abortion. That decision has led to an increase in women dying during pregnancy, and it’s also dealt a severe socioeconomic blow to women, who, in many states, are now unable to make choices about their education, relationship, careers, and, perhaps most importantly, their health.
Further tarnishing the court are numerous reports of conflicts of interest among the justices. Conservative Justice Clarence Thomas reportedly accepted political gifts, including paid international vacations and trips on yachts, from a billionaire Republican donor without disclosing it to the court. And his wife, Ginni Thomas, reportedly praised the anti-court-reform efforts of a far-right political organization.
An upside-down American flag—a symbol of the “Stop the Steal” movement that sought to overturn Donald Trump’s 2020 election loss—was flown outside conservative Justice Samuel Alito’s residence in Alexandria, Virginia. The flag was up when the court was considering an election-related case. The New York Times’ story about the flag prompted unsuccessful calls for Alito to recuse himself from relevant cases.
In response to some of these controversies, the court’s adopted an ethics code last year. But it’s totally toothless, lacking an enforcement mechanism.
Eventually, the Supreme Court granted Trump broad immunity from criminal proceedings. This decision, too, prompted public outrage—and even the sitting president, who, in an editorial, called for Supreme Court reform.
“We can and must prevent the abuse of presidential power,” wrote Biden. “We can and must restore the public’s faith in the Supreme Court. We can and must strengthen the guardrails of democracy.”
Research shows that the American public isn’t happy with the current state of the court. While Americans may be split over the idea of expanding the court, they overwhelmingly support age limits, according to a 2023 Pew Research Center survey that Daily Kos has previously reported on. The poll also found that a majority of younger adults were more likely than their older counterparts to support adding justices to the court.
But with Republicans in control of the House, and a 60-vote filibuster alive in the Senate, court reforms have little chance of passing.
