Sweeping Bill Would Completely Overhaul Supreme Court as We Know It
Democratic Senator Ron Wyden proposed a new bill Wednesday that would pack the Supreme Court and dramatically overhaul the nation’s highest court. Wyden’s bill would expand the court from nine justices to 15 over 12 years, and require two-thirds of the Supreme Court and federal circuit courts of appeals to overturn any law passed by Congress. The bill would require the Senate to automatically schedule a vote on nominees to the high court if they are held up in committee for more than 180 days. Senators would be barred from blocking nominees to the court by refusing to vote on them. Federal judicial circuits would be expanded to 15 from 13, which would add 60 appellate court judges and 100 to district courts. The bill would also increase financial transparency measures for Supreme Court justices, requiring them to make their tax filings public. The IRS would be required to audit their tax returns and release the results. Anyone nominated to the court would have to disclose three years of tax returns. Court proceedings would also be affected, with a two-thirds majority of the court having the ability to force a fellow justice to recuse themselves from a case. Justices would be required to release opinions to the public and detail their votes on issues decided on an emergency basis, upending the infamous “shadow docket.”The bill stands little chance of passing, particularly in the Republican-controlled House. But it is the strongest proposal from Democrats for reforming the judiciary, not only tackling the Supreme Court but making changes to the federal circuit as well. In July, President Biden announced his own ideas for judicial reform, but only called for 18-year term limits for Supreme Court justices as well as a binding code of conduct. Calls for court reform blew up after April 2023, when a ProPublica investigation revealed Thomas received previously undisclosed luxury vacations from billionaire Republican donor Harlan Crow. Four months later, more revelations of undisclosed gifts followed, including at least 38 vacations and 26 private jet flights given to Thomas from an array of right-wing billionaires. Thomas in 2003 also accepted a free trip to visit Vladimir Putin’s hometown in Russia.Justice Samuel Alito has had his own scandals, involving political advocacy in the form of political flags flying outside of his home, and he was also implicated for receiving gifts from Crow and other right-wing billionaires. Wyden’s proposal may not survive Congress or even legal challenges, but it is the first serious proposal to expand the court. The question is whether Wyden can get any other Democrats to sign on.
Democratic Senator Ron Wyden proposed a new bill Wednesday that would pack the Supreme Court and dramatically overhaul the nation’s highest court.
Wyden’s bill would expand the court from nine justices to 15 over 12 years, and require two-thirds of the Supreme Court and federal circuit courts of appeals to overturn any law passed by Congress. The bill would require the Senate to automatically schedule a vote on nominees to the high court if they are held up in committee for more than 180 days.
Senators would be barred from blocking nominees to the court by refusing to vote on them. Federal judicial circuits would be expanded to 15 from 13, which would add 60 appellate court judges and 100 to district courts.
The bill would also increase financial transparency measures for Supreme Court justices, requiring them to make their tax filings public. The IRS would be required to audit their tax returns and release the results. Anyone nominated to the court would have to disclose three years of tax returns.
Court proceedings would also be affected, with a two-thirds majority of the court having the ability to force a fellow justice to recuse themselves from a case. Justices would be required to release opinions to the public and detail their votes on issues decided on an emergency basis, upending the infamous “shadow docket.”
The bill stands little chance of passing, particularly in the Republican-controlled House. But it is the strongest proposal from Democrats for reforming the judiciary, not only tackling the Supreme Court but making changes to the federal circuit as well. In July, President Biden announced his own ideas for judicial reform, but only called for 18-year term limits for Supreme Court justices as well as a binding code of conduct.
Calls for court reform blew up after April 2023, when a ProPublica investigation revealed Thomas received previously undisclosed luxury vacations from billionaire Republican donor Harlan Crow. Four months later, more revelations of undisclosed gifts followed, including at least 38 vacations and 26 private jet flights given to Thomas from an array of right-wing billionaires. Thomas in 2003 also accepted a free trip to visit Vladimir Putin’s hometown in Russia.
Justice Samuel Alito has had his own scandals, involving political advocacy in the form of political flags flying outside of his home, and he was also implicated for receiving gifts from Crow and other right-wing billionaires. Wyden’s proposal may not survive Congress or even legal challenges, but it is the first serious proposal to expand the court. The question is whether Wyden can get any other Democrats to sign on.
