Senate Democrats are preparing to advance a significant Supreme Court reform bill in 2025, should they regain control of both Congress and the White House. The proposed legislation, which includes imposing 18-year term limits for Supreme Court justices, is expected to pass through a simple majority vote, bypassing the Senate’s current 60-vote filibuster threshold. This maneuver would represent a drastic shift in the legislative process and could fundamentally alter the structure of the nation's highest court.
Leading the charge is Senator Sheldon Whitehouse (D-RI), who has been a vocal advocate for judiciary reform. Whitehouse recently outlined the Democrats' strategy at a panel discussion during the Democratic National Convention. He emphasized that the reform package would not only include term limits for justices but also comprehensive ethics and recusal rules designed to address ongoing concerns about judicial impartiality and corruption. The senator argued that these changes are necessary to restore public confidence in the Supreme Court, which has been waning due to various controversies involving justices and their connections to political donors.
The "Radical Right-Wing 6" on the Supreme Court tried to give Trump a pass. Clarence Thomas wrote Trump-appointed Judge Cannon a little note urging her to dismiss Trump's case. We MUST deal with the "RotAtTheTop." Vote Harris/Walz. They will fight to reform a corrupt SCOTUS. pic.twitter.com/SbpL3DA4NT
— Glenn Kirschner (@glennkirschner2) August 21, 2024
In addition to Supreme Court reform, the bill is expected to be part of a broader legislative package that includes the codification of national abortion rights and voting rights protections. Whitehouse pointed out that bundling these issues together would create "spectacular tailwinds" for the bill, making it harder for Republicans to mount effective opposition without risking public backlash. He acknowledged, however, that this approach would require careful management of Senate rules to prevent Republican stalling tactics.
The idea of reforming the Supreme Court is not new but has gained traction among Democrats following recent decisions on abortion and voting rights, which have galvanized the party’s base. However, the push for such reforms is likely to face stiff resistance from Republicans, who have consistently opposed efforts to expand or otherwise alter the Supreme Court's composition. Senator Mitch McConnell (R-KY) has been particularly vocal, blaming Democrats for attempting to undermine the court's conservative majority.
President Biden was just asked on the tarmac about Speaker Johnson calling his Supreme Court reform “dead on arrival.” “That’s what he is,” Biden said. Asked for clarification, a reporter shouted, “That he is?” Biden responded: “He is. Dead on arrival.” pic.twitter.com/kEOV2y21Yi
— Matt Viser (@mviser) July 29, 2024
Despite this opposition, Senate Majority Leader Chuck Schumer (D-NY) has indicated that changes to Senate rules, including the potential elimination of the filibuster for specific legislation, are on the table. Schumer has previously expressed support for passing key Democratic priorities, such as voting rights and abortion protections, by simple majority if necessary. This signals a broader willingness within the Democratic leadership to use every available tool to push through their agenda, even if it means upending long-standing Senate traditions.
Critics of the reform bill argue that imposing term limits on Supreme Court justices could lead to increased politicization of the judiciary, as presidents would have more frequent opportunities to appoint justices. They also warn that such reforms might provoke retaliatory actions by Republicans when they regain power, potentially leading to a never-ending cycle of court-packing and counter-packing.
Proponents, however, maintain that the reforms are essential for preserving the integrity and independence of the judiciary. They argue that lifetime appointments, combined with the lack of enforceable ethics rules, have led to a lack of accountability among justices, thereby eroding public trust in the institution. The proposed term limits, they believe, would ensure a regular turnover of justices, making the court more reflective of contemporary values without sacrificing its independence.
As the 2024 elections approach, the fate of this Supreme Court reform bill will likely become a central issue in the campaign, with Democrats touting it as a necessary measure for democratic accountability, while Republicans decry it as a dangerous overreach. Should Democrats succeed in regaining unified control of the federal government, the nation could see the most significant changes to the Supreme Court since the New Deal era.
