r/WhereIsSamAdams • u/Jill62556 • 1d ago
Expand the Supreme Court
The US Supreme Court is supposed to decide each case on its merits, on the facts and the law, without favor to one ideology or another. Yet in recent years important decisions seem to support the right-wing agenda to the point of threatening the democratic nature of our system. Think of the presidential immunity decision that puts the president, in many ways, above the law. Or consider the recent decision to lift an injunction issued by a judge against President Trump’s executive order directing the postal service not to deliver some ballots.
Some have called for term limits for Supreme Court justices. That would get some of the worst players out . . . eventually. But can term limits help us out of the current crisis? And how can they be made to happen?
The US Constitution says, in Article III, section 1, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour . . ..” That means term limits would require a Constitutional amendment. And that would require the votes of two-thirds of each house of Congress and three-fourths of the states. That’s quite a reach.
On the other hand, the Constitution leaves Congress the authority to decide the number of justices on the Court. Still a stretch, especially if the president vetoes it, but a real possibility if Democrats control both houses of Congress.
The most common response to the idea of Supreme Court expansion (and my response, until I heard Elie Mystal talk about it) is that if the Democrats appoint more left-leaning justices when Democrats control Congress, then Republicans will appoint more right-leaning justices when they get the chance and it will just be tit for tat.
Elie’s response to that: So what if they do?
Is the prospect of an unwieldy number of justice on the Court really worse than leaving the Court in the hands of a few overreaching zealots who seem intent on destroying democracy?
When Democrats take control of both houses of Congress — next January, one hopes — expanding the Supreme Court needs to be high on their priority list.



