Senate Democrats have introduced legislation that would make radical changes to how the U.S. Supreme Court operates and the number of Justices who would serve on its bench. One of the bill’s sponsors, Senator Cory Booker (D-NJ) said in a statement, “The Supreme Court is facing a crisis of legitimacy that is exacerbated by radical decisions at odds with established legal precedent, ethical lapses of sitting justices, and politicization of the confirmation process.” Booker added, “This crisis has eroded faith and confidence in our nation’s highest court. Fundamental reform is necessary to address this crisis and restore trust in the institution.”
The legislation would appoint a new justice, confirmed by the Senate, every two years. Each justice would serve an 18 year term. Sen. Sheldon Whitehouse (D-RI) argued the radical changes to the Supreme Court proposed by Senate Democrats did not violate the U.S. Constitution as only the nine most recently appointed justices would be allowed to hear appellate cases – the Constitution delegates to Congress the power to decide the process for hearing appellate cases. The full bench comprised of living justices would only weigh in on a limited number of constitutionally required cases, according to Sen. Whitehouse.
Despite the assertions of Senate Democrats, the proposed Supreme Court changes are still likely unconstitutional. Supreme Court Justice said in an interview earlier this year that, “No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court—period.” The U.S. Constitution specifically limits Congress’s power specifically to “…constitute Tribunals inferior to the supreme Court.”
