The Supreme Court Needs Fixing, But How?
New YorkerJul 26
US Supreme Court Appointments
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Above: Official 2022 portrait at the East Conference Room of the Supreme Court building. Image copyright: Alex Wong/Getty Images News via Getty Images
The Facts
ESTABLISHMENT: Article III of the US Constitution grants judicial power to "one supreme Court," with this power covering all cases under the Constitution or any other US law. The Constitution doesn't specify the size, structure, or term limits for Supreme Court (SCOTUS) justices. Congress established SCOTUS in the Judiciary Act of 1789, initially with five associate justices headed by a single chief justice.
APPOINTMENT PROCESS: The US president appoints SCOTUS justices, subject to Senate confirmation by simple majority. During the 1860s, the court was expanded to 10 justices, though it decreased to nine in 1869. Pres. Franklin Delano Roosevelt unsuccessfully tried to expand SCOTUS in the 1930s. Of 165 SCOTUS nominations since 1789, 128 have been confirmed. SCOTUS justices don't have term limits.
The Spin
Republican narrative
Democrats are using the term "reform" as a trojan horse to impose their will on the country through term limits and other changes they want to make to SCOTUS because their woke ideology is incompatible with the Constitution. Wealthy progressives control virtually every other American institution — most notably the media — but the judiciary is not for sale and shouldn't be altered by those with an unconstitutional political agenda.
Democratic narrative
SCOTUS has become a Republican proxy, furthering its agenda by restricting the rights of women and refusing to hold former Pres. Donald Trump accountable for his attempts to subvert democracy. It's clearer than ever that SCOTUS reform is necessary to return the judiciary to a more impartial place — allowing separation of powers and the Constitution to once again protect and expand American freedom and civil liberties.
Cynical narrative
Both parties manipulate SCOTUS to serve their own interests. Democrats push for reforms like term limits and ethics rules, not out of principle, but to weaken the conservative majority. Meanwhile, Republicans shamelessly blocked nominees and pushed through their own, prioritizing political gains over judicial integrity. The court, once a pillar of neutrality, has become a partisan battleground in American politics.
