A growing set of Democratic court-reform proposals reflects deep liberal frustration with the Supreme Court’s conservative direction. The measures face daunting political odds, but they are reshaping the argument over the court’s power and legitimacy.
Liberals and Democrats are pushing multiple plans to overhaul the Supreme Court in the United States, including expanding it from nine to 13 justices, imposing 18-year terms, creating an enforceable ethics code and setting standards for its so-called shadow docket. The proposals reflect liberals’ frustration with the Supreme Court’s rightward turn and its major rulings on voting rights, campaign finance, abortion and presidential power.
None of the ideas appears close to becoming law in the current Congress. But the widening menu of proposals shows that Supreme Court reform is moving from a marginal argument to a central part of the Democratic response as the midterm elections approach.
More than one reform idea
The emerging Democratic agenda is notable for its range. Rather than rallying solely around court expansion, lawmakers and advocates are advancing separate proposals aimed at the court’s size, the length of justices’ service, financial disclosures and its handling of emergency cases.

One bill would increase the number of justices from nine to 13. The Constitution does not set the court at nine seats; Congress has changed its size at different points in U.S. history. Still, adding seats is politically explosive because opponents see it as an effort to change the court’s ideological balance through legislation.
A separate proposal would replace life tenure in active service with 18-year terms. Sen. Sheldon Whitehouse, a Rhode Island Democrat, recently introduced term-limit legislation with other Senate Democrats, according to The Washington Post.
Under the model described by Whitehouse, a president would nominate a justice every two years. Supporters say that regular appointments could reduce the chance that a president has an unusually large impact on the court simply because several vacancies arise during one term.
Why the court fight intensified
The reform push follows years of mounting liberal anger over the court’s conservative majority and decisions that have reshaped national policy. The Washington Post reported that Democrats point to rulings that pared back the Voting Rights Act, loosened campaign-finance rules and increased presidential power.
For many liberals, the issue is not only the outcomes of individual cases. It is a broader belief that the court has become too closely aligned with partisan politics while retaining extraordinary power over federal law, state laws and constitutional rights.
That perception deepened after the court overturned the constitutional right to abortion and revisited other long-standing legal precedents. Democrats also remain angry over the confirmation battles that allowed President Donald Trump to appoint three justices, producing the court’s durable conservative majority.
The court has also blocked some Trump initiatives, a reminder that its decisions do not divide neatly along party wishes in every dispute. Yet its high-profile conservative rulings have supplied the emotional and political fuel behind the latest reform campaign.
The shadow docket is under scrutiny
One of the less familiar proposals concerns the Supreme Court’s emergency docket, often called the shadow docket by critics. These are applications the justices handle on an accelerated basis, sometimes involving urgent questions about whether a law or government action can take effect while a full case moves through the courts.
Critics argue that consequential emergency orders can arrive with limited explanation and without the full process associated with argued cases. They want clearer standards for when the court should intervene and more transparency about its reasoning.
Supporters of the court’s current practice see emergency orders as a necessary way to address time-sensitive disputes. Election rules, immigration policies, criminal cases and executive actions can create immediate conflicts that may not wait for the court’s normal calendar.
The disagreement is therefore partly about procedure and partly about trust. Calls for shadow-docket standards assume that the court should explain more when it acts quickly; opponents may argue that rigid new requirements could make it harder for the justices to handle genuine emergencies.
Ethics rules target public trust
Other Democratic proposals would create a binding ethics code and require justices to place certain assets in blind trusts. Those ideas focus on the court’s credibility rather than its ideological balance.
Unlike lower federal judges, Supreme Court justices have historically operated without an enforceable ethics system administered by an outside body in the same way critics have sought. The justices adopted a code of conduct in 2023, but enforcement questions have remained a major point of debate.
Advocates of stronger rules say a court that decides disputes affecting presidents, Congress, corporations and state governments needs clear conflict-of-interest safeguards. They contend that voluntary standards do not sufficiently reassure a public already skeptical of the institution.
Critics can agree that ethical conduct matters while disputing whether Congress should impose rules on a separate branch of government. That separation-of-powers concern is likely to be central if an enforceable ethics proposal ever gains momentum.
The political barrier remains high
The proposals face a steep path in Congress. The Post reported that Democrats themselves acknowledge they would need solid control of Congress, and that the Senate filibuster would have to be eliminated or overcome because major legislation generally requires 60 votes in the Senate.
That reality helps explain why the current push is as much about building a case as passing bills. Whitehouse told the Post that filing reform legislation can show voters that there is a mechanism for restoring what supporters see as better order at the court, even when passage is unlikely.
House Minority Leader Hakeem Jeffries said there are a variety of options on the table and that Democrats should not foreclose any one of them. Former Vice President Kamala Harris has also said the country should revisit expanding the court to 13 justices, while Texas Democrat James Talarico has called for term limits and a binding code of conduct.
Those statements illustrate a key feature of the moment: Democrats have not settled on one reform blueprint. Expansion is the boldest option; term limits and ethics rules may be easier for some voters to consider. The lack of a single plan gives the movement flexibility, but it also leaves unresolved which reform has enough support to become a serious governing agenda.
Critics see pressure, not reform
Conservatives reject the premise that unfavorable decisions justify changing the institution. Mike Fragoso, a former chief counsel to former Senate Republican leader Mitch McConnell, told the Post that the proposals are intended to pressure a court whose decisions the left dislikes.
Tom Jipping of Advancing American Freedom made a related argument, saying Democratic critics focus on results rather than identifying legal errors in the court’s reasoning. From that perspective, court expansion and other structural changes risk making judicial independence conditional on political approval.
Reform supporters answer that independence cannot mean insulation from every accountability measure. They argue that fixed terms, enforceable ethics obligations and clearer emergency-docket practices would protect the court’s legitimacy rather than weaken it.
The argument will not be resolved soon. What is clear is that Supreme Court reform has become a lasting fault line: one side sees an institution in need of structural correction, while the other sees a campaign to reshape a court after losing legal and political fights. With the midterms nearing, that clash is likely to remain part of the larger debate over power in Washington.













