The Washington Post reported today that Democrats have at least five different plans for a future overhaul of the Supreme Court, including expanding the number of justices from nine to thirteen, cutting lifetime terms to 18 years at the most, creating and enforcing an ethics code, and placing standards on how the court rules from its "shadow docket." [WP, August 16, 2026]
[The story, by Julian Mark, appears in today's Post. I an citing it for reference, rather than providing a link to a story which is behind a paywall.]
According to the Post, Rhode Island Senator Sheldon Whitehouse said, "There's constant and building dismay about the increasingly appalling record of the court. And I think the continuing interest in reform springs from continued dismay and concern about the court's misbehavior." [WP, August 16, 2026]
Such moves are considered to be turning the court "political," according to many Republicans. What they fail to see is that the court they've created is very political and partisan, and Senator Mitch McConnell used some very disgusting and dishonest statements to justify unethical, if not illegal, acts in which he manipulated the judicial approval process to the benefit of the GOP. And the justices who benefitted from it have amply rewarded both him and his party.
And what has happened as a result is that the Republican Presidents who have had the ability to appoint justices, namely Trump, and his GOP predecessor, Dubya, have pointed political idealogues, rather than actual judges, to the vacancies they've been able to fill. So they are the ones who are responsible for turning the court into a political body, rather than a judicial one. And since they are willing to live with that, and benefit from it as well, then I think going to 13 seats when Democrats have the power to do it after 2028 is just fine. I hope whichever Democrat wins that Presidential race will find the four most liberal jurists in the country, all under 40 years of age, and appoint them to the court. Then start overturning prior decisions until the Republican-appointed justices damage is eliminated.
We Had the Power to Do This During the First Two Years of Biden's Term
The Democratic party theme during the entire 2020 election campaign was the very real threat that Trump posed to American Democracy. And as the expression goes, "we had him, dead to rights." When the Supreme Court moved to protect him from prosecution by their very unconstitutional and unAmerican immunity ruling, that should have been the signal for Democrats to get started on amending the judiciary act to give President Biden four new seats to fill with left wing judges.
There were several Democrats who were on board with that and said so, among them Senator Bernie Sanders, Transportation Secretary Pete Buttigieg and New York Representative Alexandria Ocasio-Cortez, among others. And while it certainly was a theme for the progressive side of the party, it was an idea which, matched with the federal indictments he received, would have brought the criminal to justice and knocked down the barricades of delays he used to get out of it.
While the current conservative-biased court rules against the spirit of the law, a court more constitutionally centered, which means it would be made up of a majority of liberal justices, would have knocked down the immunity ruling, overturned Citizens United, and eliminated the Dobbs decision in one short session. That would have opened the door to Trump's "speedy" prosecution on the criminal charges for which he was indicted, and landed him in prison where he belongs.
The congressional investigation into Trump's seditious attempt to overturn the 2020 election, and subsequently, his theft of classified documents, discovered at Mar-a-Lago, would have then moved forward, especially if Biden had appointed a more aggressive and savvy attorney general. It's even likely that the case in the hands of Aileen Cannon would have been removed and given to someone who could be more fair in judgment.
But apparently, there are a lot of Democrats who don't really see Trump as the threat to American Democracy that he is. Even after an almost year-long investigation into the January 6th sedition laid down a mountain of evidence of his tampering with and involvement in election results, there was fear that any further push might "look political." There were an awful lot of frustrated Democratic voters, myself included, with the failure to prosecute that will be a black mark on the Biden Administration's legacy. We would not now have to endure what we are enduring if the effort had been made to add those four seats in 2021 or 2022.
So This Topic, Which Isn't New, Is Now Finally Getting Some Traction
Two years into the second term of America's most inept, incompetent, and absolutely worst President, we are now finally seeing a movement among Democrats to, as the saying goes, "pack the court." It's as if no one remembers that this came up in 2020, and no one wants to acknowledge that it was an idea that got floated around, and shelved. But now, the process is made much more difficult by the fact that we no longer have a majority in Congress, nor the White House, and therefore have to wait, and hope and dream that we will be in charge following the election of 2028, so we can get this done.
Not surprisingly, it is the more progressive wing of the party who is now picking up this theme and waiving the banner. This can't be done in time to save us from Trump, though I hope the Congress we elect in 2026 puts an end to his ability to do much more than be ceremonial, if that. But the immediate effect of a liberal court would be getting corporate money out of elections and returing that power to the people. It would also restore the rule of law, to which the President would be subject equally, and make him an ordinary citizen when it comes to his desires to commit criminal acts.
We need this.
The other ideas put forth should all be added to the Judiciary Act. Ethics rules should be in writing, reflecting the consensus of the will of the people when it comes to the behavior of members of the nation's highest court. And that includes the kind of behavior that slipped by Congress when Clarence Thomas and Brett Kavanaugh were confirmed. Justices who say one thing during their confirmation, but rule another way when on the bench should be subject to review, probation or removal from the bench for lying and misrepresenting their position.
Term limits should also be imposed, and while 18 years was mentioned, I'm in favor of limiting justices to 10 year terms, all up and down and through the federal court system. That's staggered enough to give Presidents an equal number of justices to replace during any four year term.
Justices should have to divest their investments, and their business holdings before they can be nominated. If they are not willing to do that, then it is time to move on to the next candidate.
I'd also be in favor of establishing a citizens review board, empowered to recommend justices for impeachment, in the event that decisions start getting out of line. Having to answer directly to American citizens and voters might cause some real reform to break out spontaneously.
If Any Politician Wants to Earn My Vote...
Then support for judicial reform should be part of the Democratic party platform. If the belief that Trump is an existential threat to Democracy is as much a democratic party ideal as anything, then this should become a campaign theme, and voters need to hold the politicians accountable for their level of support.
No excuses. If we gain the majority and have a Democratic House and Senate, and White House following 2028, the prospects of which look absolutely rosey right now, there will be no reason not to do this, except for those Democrats who still dip their hand in the corporate cookie jar and let them finance their campaigns. The first two years should be a rush to get all kinds of anti-Trump legislation passed, and figure out how to make most of it stick.