Democratic US Senator Ron Wyden introduced the Judicial Modernization and Transparency Act, a bill targeting significant reforms to the United States Supreme Court. Among its primary objectives, the proposed legislation seeks to expand the Court from the current nine justices to fifteen. This expansion aims to address concerns over the potential long-term political influences of any single president’s judicial appointments.
In addition to increasing the number of justices, the bill also focuses on enhancing judicial transparency. One of the key provisions mandates that judges consider recusal and publicly elaborate on their decisions. Furthermore, the legislation imposes a requirement for the Internal Revenue Service to audit the tax returns of Supreme Court justices promptly following their submission. This aspect of the bill appears to respond to reports of alleged ethical lapses, notably those involving Justice Clarence Thomas, who was accused in a ProPublica investigation of failing to report significant gifts.
Senator Wyden’s proposal also includes a change to the judicial review process for legislation. Currently, a simple majority is sufficient for the Supreme Court or circuit courts of appeals to strike down legislation. Wyden’s bill proposes increasing this requirement to a two-thirds majority, which could potentially alter the dynamics of judicial review.
Despite its ambitious nature, the bill faces substantial obstacles in gaining legislative approval. The Democratic Party holds a slim majority in the Senate, while Republicans narrowly control the House of Representatives. Nevertheless, Senator Wyden expressed his commitment to the reforms, saying on the 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 sentiment on expanding the Supreme Court remains divided. A recent survey revealed that only three out of every ten Americans support expanding the Court, whereas nearly two-thirds are in favor of imposing term limits on justices.
Democratic leaders have increasingly discussed Supreme Court expansion as a counterbalance to former President Trump’s appointment of three justices. Earlier this year, President Joe Biden argued for various judicial reforms, including expansion, in a New York Times editorial. While this proposal has garnered both support and criticism, other organizations, such as the Brennan Centre, have advocated for term limits for justices as an alternative solution.
More information on Senator Wyden’s bill can be found on the JURIST website.