Dems Are Talking About Expanding The SCOTUS But Are Divided

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Democrats are very unhappy with the SCOTUS. Especially since it overturned Roe v. Wade, they are scrambling to try to figure out a way to make abortion legal throughout the country again. Some seem to agree with Biden, who has suggested increasing the number of seats in the High Court, even though he’s previously been against the idea. Let’s see where Democrats are with the discussion.

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“Discussions about reforming the Supreme Court are picking up steam” within the Senate, among the Democrats, reports The Hill. It is progressives that want to add seats, but other Democrat Senators are holding back, fearing they will be voted out if they support adding seats to the Supreme Court.

As evidence that steam is picking up, another Congressperson has signed on as a co-sponsor of the Judiciary Act of 2021. The Act would add four seats to the Supreme Court.

They’ve been talking about this in the House for over a year:

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Democrats aren’t only discussing increasing the size of the Court. They are also considering term limits for the Justices and requiring the high court to adopt a code of conduct, something they haven’t ever had.   

In 2011, Chief Justice Roberts made it clear…that he believed Congress didn’t have the constitutional power to impose conduct rules on the Supreme Court.

Justice Roberts said, “The Code of Conduct, by its express terms, applies only to lower federal court judges. That reflects a fundamental difference between the Supreme Court and the other federal courts.” According to the Constitution, Justices serve as long as they exhibit “good behavior.” They can be impeached and removed for “treason, bribery, or other high crimes and misdemeanors.”

Amy Klobuchar, former candidate for President and current Senate Rules Committee Chairwoman “said Tuesday she has always been open to expanding the court and imposing term limits on justices, adding she ‘continue[s] to think we should look at those’ reforms.” 

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Based on the highly partisan viewpoints on the Supreme Court as it stands right now, the only proposition that might gain some traction appears to the one about the adoption of a code of conduct for the Supreme Court, something it does not currently have, even though all other federal courts do. Should the Supreme Court have a code of ethics? Does it make sense that they don’t?

Stacey Warner

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