Revamp

Centrist Dems’ Supreme Court plan boosts momentum for revamp

Third Way wants term limits for justices and an enforceable ethics code to be part of the party’s 2028 presidential discussions.

Calen Razor

Democratic efforts to revamp the Supreme Court gained momentum Thursday as an influential center-left think tank released a plan to limit justices’ terms and misconduct.

Third Way’s proposal, shared first with POLITICO, highlights growing unity across the ideological spectrum in the Democratic Party for significant changes to the high court as Americans’ trust in the institution hovers at historic lows.

The group says it also wants to inject ideas to overhaul the court — including legislation to set an 18-year term limit and an enforceable ethics code — into the party’s conversations leading up to the 2028 presidential race.

“This is one of those things that we think can and should be a part of the 2028 discussion, and those folks who are running should be asked about whether they would champion Supreme Court reform,” Lanae Erickson, a senior vice president at Third Way, said in an interview.

Key Democratic groups have increasingly been coalescing around ideas to overhaul the court’s structure and policing in light of accusations of growing partisanship and corruption among justices. In June, a number of key Democratic House caucus leaders, including the Congressional Progressive Caucus, released their own resolution calling for term limits for justices and a code of ethics.

“We think that the center left has been remiss in not being forward enough on reform proposals that would make our system work better for people, which is why some folks have gone to the further left,” Erickson said.

Third Way cited public opinion polling from both the Brennan Center for Justice and FOX News indicating more than 70% of respondents favored term limits for justices. An 18-year cycle would ensure the appointment of two justices every presidential term.

The group also wants legislation to hold justices accountable for ethics violations. House Minority Leader Hakeem Jeffries said last month he supports “dramatic reform” on the Supreme Court starting with an ethics code so justices don’t act “above the law.”

The court in 2023 adopted its own formal ethics code for the first time in history, but that policy largely lacks some of the teeth that advocates have proposed.

One idea supported by some Democrats that Third Way is not endorsing: upping the number of justices on the bench. Erickson said that idea seems more like “a mutually assured destruction path,” as parties could go back and forth adding more justices.

The path forward for any court-focused legislation in Congress in the near future, however, is very slim without majorities in both chambers and control of the White House — something Third Way acknowledged.

Still, the group’s recommendations are meant “to show that the center left can also be bold and be addressing systemic problems to appeal to voters and their level of anxiety and anger about what’s happening right now,” Erickson said.