Supporters of the bill argue that it will enhance transparency and accountability within the U.S. Supreme Court. On the other hand, critics suggest that the bill is a strategic move to shift the ideological balance of the high court towards a more liberal direction.
Senator Ron Wyden (D-Ore.) introduced a comprehensive reform bill on September 26 that aims to expand the number of Supreme Court justices from nine to fifteen. This proposal comes after a bipartisan commission, established by President Joe Biden in late 2021, concluded that Congress has the authority to increase the size of the Supreme Court but did not take a stance on whether it should be done.
The bill, known as the Judicial Modernization and Transparency Act, outlines a 12-year plan to gradually expand the court’s membership. It includes provisions for presidents to appoint one nominee during the first and third years of their term. Additionally, the bill mandates that a two-thirds majority of Supreme Court justices must agree to overturn acts of Congress, rather than a simple majority. It also requires justices to undergo annual IRS audits of their tax returns, with the results made publicly available.
Senator Wyden emphasized the need for drastic measures to address the current crisis facing the Supreme Court, stating, “The Supreme Court is in crisis and bold solutions are necessary to restore the public trust. More transparency, more accountability, and more checks on a power-hungry Supreme Court are just what the American people are asking for.”
Congressional Democrats have been pushing for reforms in response to their dissatisfaction with several high court rulings on contentious issues like abortion, gun rights, environmental policy, and government regulations. In contrast, Senator Lindsey Graham (R-S.C.), the ranking member of the Senate Judiciary Committee, opposes the idea of expanding the Supreme Court, viewing it as a partisan attempt to shift the court’s ideological composition.
The bill also includes provisions for new requirements for Supreme Court justices and nominees. It mandates that all nominees must disclose three years of tax returns publicly upon nomination. Additionally, sitting justices can be recused from a case with a two-thirds vote of the Supreme Court. The bill also proposes expanding the number of circuit courts of appeal from 13 to 15.
Other bills targeting the Supreme Court are currently pending in Congress. One such bill, the Supreme Court Ethics, Recusal, and Transparency Act, allows members of the public to file complaints against justices for violating the code of conduct or engaging in behavior that undermines the court’s integrity. Another bill aims to restrict the value of gifts that justices can receive to $50, aligning with the limit set for federal lawmakers. There is also a proposal to limit Supreme Court justices’ terms to 18 years, a plan supported by President Biden.
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