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A far-left Democratic senator introduced new, comprehensive legislation on Wednesday that would increase the size of the U.S. Supreme Court by six members, make it more difficult for the court to overturn laws, remove purported “roadblocks” for nominees to the court, and mandate annual audits of each justice.
Though it has little chance of passage, Senator Ron Wyden’s (D-Ore.) legislation represents one of the most ambitious efforts to reform a high court that has seen a notable drop in public approval due to a series of contentious rulings and ethics scandals in recent years, the Washington Post beamed.
Wyden, who chairs the Senate Finance Committee, stated that the bill’s goal is to restore public trust in an institution that Democrats have worked to tear down with their constant accusations against Republican-appointed justices and complaints about Supreme Court rulings they disagree with. Wyden, the Post noted, expressed hope that, even if the entire package is not adopted, some elements of the bill might still be enacted.
“It’s not an atomic secret that the process for selecting justices is politicized,” Wyden said, according to the Post. “You’ve got this thoroughly politicized process resulting in a Supreme Court that now frequently issues sweeping rulings to overturn laws and upend precedents. We are proposing a way to restore some balance between the three branches of government.”
The “process” Wyden is referring to is the same one that Democrat-controlled Senates and presidents use to nominate and appoint Supreme Court justices they support, the most recent of whom is Justice Ketanji Brown Jackson.
The bill’s most notable provision proposes expanding the number of justices from nine to 15 over a period of 12 years. This gradual increase, spanning across two or three administrations, aims to reduce the likelihood of any single political party dominating the court with its nominees. Under the bill, each president would appoint justices in the first and third years of their term, the Post continued.
Additionally, the bill would stipulate that a two-thirds majority, rather than a simple majority, would be necessary for the Supreme Court and the circuit courts of appeals to overturn a congressionally passed law.
Wyden argued that the current court has been too quick to overturn precedents and limit rights with small majorities, but the Supreme Court did the same thing when it was predominately liberal justices.
The legislation would also stipulate that Supreme Court nominees be automatically scheduled for a Senate vote if their nominations remain in committee for more than 180 days.
Another provision in Wyden’s bill would increase the number of federal judicial circuits from 13 to 15, adding over 100 district court judges and more than 60 appellate judges, said the Post.
“Supreme Court justices must report income, dividends, property sales and gifts, among other things, but the bill would bolster financial checks, disclosures and other transparency measures,” said the Post. “It would require the IRS to initiate an audit of the justices’ tax returns each year, release the results and make the tax filings public. Nominees to the court would have to disclose three years of tax returns.”
Senators Sheldon Whitehouse (D-R.I.) and Catherine Cortez Masto (D-Nev.) reintroduced a bill on Wednesday aimed at expanding Congress’s ability to review and potentially overturn Supreme Court rulings.
Republicans counter that Democrats are simply trying to pack the court with justices that are more left-leaning on issues like abortion, gun control, and controlling speech online.
Case in point: President Joe Biden criticized the justices over the summer following the high court’s ruling that presidents are largely immune from actions taken while in office, a decision that was favorable to former President Donald Trump but one that will also protect future presidents, regardless of party.
