A new survey released Thursday by the University of Pennsylvania’s Annenberg Public Policy Center reveals that nearly two-thirds of Americans favor imposing term limits on US Supreme Court justices. However, only 3 in 10 support expanding the court’s size, a proposal pushed by Congressional Democrats and advocates for court transparency to reduce the influence of the current 6-3 conservative supermajority. Additionally, 69 percent of respondents believe justices should face a mandatory retirement age.
President Joe Biden has recently proposed 18-year term limits for Supreme Court justices, allowing future presidents to make appointments every two years. He also backs legislation for an enforceable ethics code, responding to recent scandals and controversial rulings. Vice President Kamala Harris, the Democratic presidential nominee, supports Biden’s proposals, which aim to address concerns about judicial ethics and the court’s power.
Thursday’s survey revealed overwhelming public support for stronger Supreme Court ethics on other issues. Eighty-two percent favor banning justices from cases where they have personal or financial interests, while 77 percent want a formal ethics code that would allow for investigations into ethical violations. Nearly half of respondents, 47 percent, also support giving the public the power to vote on overturning controversial Supreme Court decisions.
Chief Justice John Roberts announced last November that the Supreme Court had adopted an ethics code tailored to its nine justices following mounting pressure sparked by revelations of undisclosed property deals and gifts. However, the code lacks any enforcement mechanism or external oversight and leaves justices to decide for themselves whether to step aside in cases where conflicts of interest may arise.
Thursday’s survey showed that while knowledgeable Democrats and independents slightly favor reforms, knowledgeable Republicans are significantly less inclined to support changes. Though both Democrats (87 percent) and Republicans (83 percent) overwhelmingly agree that justices should be barred from participating in cases where they have conflicts of interest, Democrats are more likely to support broader reforms. For instance, a formal ethics code is backed by 88 percent of Democrats compared to 70 percent of Republicans.
The research also highlights a shift in the relationship between civics knowledge and Supreme Court views since the Dobbs decision, showing how polarization has persisted. “This should be extremely worrying for members of the Supreme Court,” warned University of Pennsylvania political science professor Matt Levendusky. “The court’s independence has long been sustained by its strong bipartisan support in the public. If that vanishes, the court may find itself reformed or constrained in ways that weaken its power.”