Democrats could pursue Supreme Court reforms after winning Congress
Democrats Secure Congressional Control
Democrats will hold at least 54 seats in the Senate and at least 250 members in the House following the midterm elections. The shift gives the party control of both chambers of Congress and an opportunity to pursue major changes to the federal judiciary.
Jeffries Signals Judicial Oversight Push
House Democratic Leader Hakeem Jeffries highlighted judicial oversight in a letter to colleagues announcing his bid for the speaker’s gavel. He wrote that lawmakers must clean up the mess at the Supreme Court. During an August appearance on NBC’s Meet the Press, Jeffries expressed that the Supreme Court is in need of significant reform.
Assuming Republicans lose the seats where prediction markets have the Democrats at 90+% to win, that would produce 55 Democrat Senate seats. Chance of confirming a worthy successor to Justice Thomas and/or Alito during President Trump’s term: Zero. Chance of confirming a worthy…
Ethics Rules and Lower Court Investigations
Lawmakers have introduced various proposals to address judicial conduct, including a measure from Maryland’s Rep. Raskin and Rep. Alexandria Ocasio-Cortez of New York that would prohibit federal judges and Supreme Court justices from receiving gifts valued at more than $50. In the meantime, Fix the Court executive director Gabe Roth suggested that a Congress under Democratic leadership could also launch probes into recently surfaced allegations of wrongdoing by lower federal court judges.
Term Limits and Court Expansion Bills
Proposals to alter the makeup of the federal judiciary include ending life tenure for justices and expanding the size of the Supreme Court. The Constitution does not set the number of justices on the Supreme Court, and across the nation’s history that number has changed six times, ranging from a low of six justices to a high of 10. A constitutional amendment would need to be ratified by three-fourths of the states.
Retirement Timelines for Conservative Justices
The election outcome has also sparked discussions regarding the future of the Supreme Court’s conservative wing. The shift in the Senate creates pressure on Justices Samuel A. Alito Jr. and Clarence Thomas, the court’s two oldest conservatives, to consider retiring before the new Congress is seated on Jan. 3, while Republicans maintain a Senate majority. However, Alito told friends after the election that he does not intend to immediately announce his retirement, and previously stated he has no plans to step down during the lame-duck session. Thomas has also indicated he has no plans to leave the court.
More on Supreme Court
Alito has told people close to him that he does not intend to retire immediately, despite the Democratic fear that he would step down so Republicans could confirm a successor during the lame duck session before surrendering control. @amarimow https://t.co/MRnB4FoxJh
"If Trump’s popularity continues as it is — or falls even further — Democrats are very likely to end up in control of Congress and the presidency. That means they can expand the Supreme Court, as they seem increasingly willing to do. And that creates the possibility for real…"
NEW: Trump's ability to confirm judges is nearing an end — and Democrats' capture of red state Senate seats means they could even stop a future GOP president from appointing judges in famously conservative federal district courts. w/ @joshgerstein https://t.co/Z2cOoxNdWC pic.twitter.com/1jwnu9gj6N
Good. 'Cause you know why? 'Cause hubris always wins in the end. The Greeks taught us that. https://t.co/IEJnNrgbZw