Democratic US Senator Ron Wyden on Thursday introduced the Judicial Modernization and Transparency Act, a bill aimed at reforming the United States Supreme Court. The proposed legislation seeks to expand the court from nine to fifteen justices among other reforms.
Beyond adding six new justices to the Court, Senator Wyden’s proposal seeks to implement new requirements on judicial transparency. It would require judges to consider recusal and write public opinions about their decisions. Further, the law would require the Internal Revenue Service to audit each justice’s tax returns promptly after they are filed. The provisions on judicial transparency appear to respond to recent investigative reports by ProPublica. Among other allegations, the organization accused Justice Clarence Thomas of failing to report sizeable gifts, raising concerns about judicial independence. Relatedly, Congresswoman Alexandria Ocasio-Cortez introduced articles of impeachment against Justices Thomas and Samuel Alito following Propublica’s findings.
Finally, Senator Wyden’s proposal would change the requirements of judicial review of legislation. Currently, a simple majority of the Supreme Court or circuit courts of appeals can strike down legislation; whereas, Wyden’s proposal would require a two-thirds majority to overturn legislation.
Despite the bold proposals, the bill faces significant hurdles. Democrats hold a slim majority in the Senate, and Republicans narrowly control the House of Representatives, making passage unlikely. However, Senator Wyden remains committed, stating on social media platform X (formerly Twitter): “I think we can all agree it’s time to reform the Supreme Court. As of today, I have the bill to do it.”
Public support for expanding the Supreme Court appears limited. A September 13th survey revealed that only 3 of every 10 Americans supported expanding the Supreme Court. In comparison, nearly two-thirds support introducing term limits to the court.
Following former president Trump’s appointment of three justices during his terms, Democrats have increasingly discussed the possibility of expanding the court. Earlier this year, President Joe Biden penned an editorial in the New York Times arguing for reforms, including expansion of the nations highest court. Though the plan drew some criticism, Democrats argue that adding seats to the court could minimize the long-term influence of any single president. Meanwhile, organizations like the Brennan Centre have alternatively advocated for imposing term limits for Supreme Court justices.
