Legislation Would Add Six Justices To U.S. Supreme Court
A progressive Democratic senator has introduced a sweeping new bill aimed at reforming the U.S. Supreme Court. The legislation, introduced Wednesday by Senator Ron Wyden (D-Ore.), seeks to increase the number of justices by six, make it harder for the court to overturn laws, eliminate alleged “roadblocks” for Supreme Court nominees, and require annual financial audits of each justice.
Though the bill faces slim chances of passing, it represents one of the most ambitious proposals yet to reform a Supreme Court that has faced declining public approval due to a string of controversial rulings and ethics concerns in recent years, according to the Washington Post.
Wyden, who chairs the Senate Finance Committee, explained that the goal of his bill is to rebuild public confidence in an institution that has been subject to increasing criticism from Democrats. Wyden, the Post noted, expressed optimism that even if the entire bill is not passed, some elements could still move forward.
“It’s no secret that the process for selecting justices has become politicized,” Wyden said, per the Post. “What we have now is a highly politicized process that results in a Supreme Court that frequently issues sweeping rulings to strike down laws and overturn precedents. We’re offering a way to restore some balance among the three branches of government.”
Wyden’s remarks refer to the very same nomination process that Democratic-controlled Senates and presidents use to appoint their favored Supreme Court justices, the most recent being Justice Ketanji Brown Jackson.
The most notable aspect of Wyden’s bill proposes increasing the number of justices from nine to 15 over the next 12 years. This gradual expansion, which would span two or three presidential administrations, is designed to reduce the risk of any one political party gaining control of the court. The bill specifies that each president would appoint justices during the first and third years of their term, as the Post reported.
In addition, the bill would require a two-thirds majority, rather than a simple majority, for the Supreme Court and appellate courts to overturn a law passed by Congress.
Wyden argued that the current court has been too quick to overturn precedents and restrict rights by narrow majorities. However, the same pattern existed when the court was predominantly made up of liberal justices.
The bill also includes a provision that mandates an automatic Senate vote on Supreme Court nominees if their nomination is held in committee for over 180 days.
Another key proposal in Wyden’s bill would expand the number of federal judicial circuits from 13 to 15, adding more than 100 district court judges and over 60 appellate judges, according to the Post.
“Supreme Court justices are already required to report income, dividends, property sales, and gifts, among other things,” the Post noted. “However, the bill would strengthen financial oversight, disclosures, and other transparency measures.” The legislation would also mandate that the IRS conduct annual audits of the justices’ tax returns, release the results, and make the tax filings public. Additionally, nominees to the court would be required to disclose three years’ worth of tax returns.
On the same day, Senators Sheldon Whitehouse (D-R.I.) and Catherine Cortez Masto (D-Nev.) reintroduced a separate bill that seeks to expand Congress’s ability to review and potentially reverse Supreme Court decisions.
Republicans argue that Democrats are merely attempting to pack the court with justices who hold more liberal views on key issues like abortion, gun control, and free speech regulation.
An example of this partisan tension occurred over the summer when President Joe Biden criticized the Supreme Court justices following a ruling that presidents are largely immune from lawsuits related to actions taken while in office. Although the decision was favorable to former President Donald Trump, it will also protect future presidents, regardless of political affiliation.