Sen. Ron Wyden (D-Ore.) on Thursday announced sweeping legislation aimed at reforming the U.S. Supreme Court and addressing what he called a “crisis of legitimacy” plaguing the court. ” was addressed.
The bill, called the Judicial Modernization and Transparency Act, proposes increasing the number of judges from nine to 15. This increase will occur over the president's three terms. It would also require all judges to release their tax returns.
In a press release, Wyden stressed the urgency of “restoring public confidence” in the judiciary. He noted that the bill's broad purpose is to increase transparency and improve access to justice for Americans.
The Supreme Court is in crisis and requires bold solutions to restore public trust. More transparency, more accountability, and more checks on the (power-hungry) Supreme Court are exactly what the American people want.
In an interview with The Washington Post, Wyden elaborated on his proposal and emphasized the need to reduce the perception that the U.S. Supreme Court is politicized. You reported the post:
“It's no secret that the process of selecting judges is politicized,” Wyden said. “This deeply politicized process has resulted in a Supreme Court that now frequently issues sweeping decisions that overturn laws and overturn precedent. We need to restore balance between the three branches of government. I'm proposing a way to do that.”
What better way to reduce politicization than to increase the number of judges in the hope that they will govern the “right” way next time?
Main regulations
The bill outlines several major reforms, likely aimed at modernizing the judiciary and easing political bottlenecks.
Court expansion. The bill calls for gradually expanding the Supreme Court to 15 judges over 12 years. The president will be able to appoint one new judge in the first and third years of his term.
Supermajority Requirement. The Supreme Court would need a supermajority of two-thirds of the justices to overturn an act of Congress, and its power to overturn a law without substantive agreement would be limited.
Automatic voting for candidates. If no action is taken within 180 days, the Supreme Court nominee will automatically be placed on the Senate calendar for a vote.
It would also split the Ninth Circuit, one of the largest and most influential appellate courts, and create a new Southwest Circuit. It would increase the number of circuit and district court judges to “improve access to justice.”
“Transparency and Accountability”
Wyden is promoting his proposal as a way to increase transparency and accountability at the Supreme Court. The bill includes a provision that would require judges to make public their votes on motions to dismiss and other appellate cases. It also introduces new financial oversight measures and requires all judges to submit income tax returns for public review.
It also requires the IRS to audit each judge's tax returns and release them within 90 days.
The bill was introduced amid growing concerns about ethical shortcomings within the judiciary. For example, it was recently revealed that Justice Clarence Thomas had accepted a luxury trip from Republican megadonor Harlan Crowe. Wyden took an active role in investigating Crowe's financial dealings. As chairman of the Senate Finance Committee, Crow stepped up his investigation after reports that Mr. Crow gifted Mr. Thomas with expensive trips on private jets and yachts. These trips were not disclosed in Thomas' financial statements. Mr. Wyden believed that Mr. Crowe may have deducted these travel costs as business expenses to reduce his tax liability.
Following the controversy, Mr Thomas issued a statement claiming he had been advised that the trip did not need to be reported as it constituted “personal entertainment”. He emphasized that he has been proactive in complying with disclosure rules and has received assurances from colleagues that reporting his travel is not required.
anti-trump movement
Mr. Wyden's legislative efforts appear to be strongly driven by his opposition to former President Donald Trump and his significant influence on the judiciary. Mr. Wyden himself acknowledged that his push for reform was aimed at reining in what he called President Trump's “radical right-wing Supreme Court.” The senator introduced a bill in July specifically targeting the influence of judges appointed by President Trump. The bill aims to give Congress the power to overturn judicial decisions that “clearly undermine Congress's intent in the statute,” particularly in light of the controversial Roper-Bright decision.
The Roper-Bright case, formally known as Roper-Bright Enterprises v. Raimondo, was a pivotal 2024 Supreme Court decision that overturned long-standing Chevron principles. For 40 years, the Chevron Principles have allowed federal agencies to interpret ambiguous statutes as long as the interpretation is reasonable. However, in Roper-Bright, the court held that it is the role of the judiciary, not government agencies, to interpret the law, even when it is ambiguous.
He also pushed for an end to the practice of “judge shopping.” This occurs when plaintiffs seek out judges who are known to rule in their favor. Wyden said the practice strengthens judicial power in a way that affects millions of Americans. To him, the proposed reforms are a necessary response to the dangerous legacy of President Trump's influence on the court.
criticism
Mr. Wyden's bill already faces strong opposition from conservatives and legal experts who see it as a dangerous overreach that would destabilize the justice system.
One of them is Carrie Severino, president of the Judicial Crisis Network. She called the bill “the most radical and dangerous bill ever aimed at destroying the Supreme Court as we know it.”
Severino argued that the bill would undermine the integrity of the judiciary by adding more judges, and criticized mandatory audits by the Internal Revenue Service as further burdens on courts. Furthermore, Severino argued that requiring a supermajority to overturn a parliamentary law would significantly weaken the court's ability to check legislative power. She likened the proposal to the harshest attack on the courts since President Franklin D. Roosevelt's controversial plan to pack the courts.
“If Trump takes back the White House, he should pack the court with six more Justice Clarence Thomas. Let's see how Democrats like that,” a conservative brief posted.
Democratic Party
Democrats are increasingly calling for an expansion of the U.S. Supreme Court in response to concerns about the court's current conservative majority. The move comes after several landmark rulings that have heightened Democratic discontent, including the Roe v. Wade aversion and decisions seen as favoring corporate and conservative interests.
President Joe Biden does not fully support expanding the courts, but he established a bipartisan commission in 2021 to consider potential reforms, including increasing the number of judges. The committee's final report was inconclusive on whether expansion is a viable solution, reflecting divisions even within the Democratic Party. But the idea is gaining traction among progressives and some mainstream Democrats.
In 2021, Representative Jerrold Nadler (New York) and Senator Ed Markey (D-Massachusetts) introduced a bill to increase the number of Supreme Court justices from nine to 12. The bill was reintroduced in 2023. Although it has gained support from some progressive groups, it remains controversial and faces strong opposition from Republicans.
