Overview
- In mid-August 2026 Democrats filed roughly a dozen bills that together seek to expand the Court to as many as 13 justices, set 18-year staggered terms so presidents would nominate a justice every two years, create an enforceable code of ethics, and place standards on the Court’s so-called shadow docket.
- House Minority Leader Hakeem Jeffries publicly endorsed “dramatic reform” without explicitly committing to expansion, while Senate Democrats including Sheldon Whitehouse have sponsored the 18-year term proposal, showing the party is coordinating multiple approaches even as lawmakers disagree on scope.
- Republicans and conservative groups sharply oppose the plans, calling them partisan attempts to reshape the Court, and multiple commentators argue such changes would threaten judicial independence and could prompt legal challenges under Article III.
- Democrats acknowledge the reforms are unlikely to pass under the current Senate because of the filibuster and Senate math, so the measures are being used now as political organizing tools and signals ahead of the November 2026 elections.
- Public trust in the Court is low, with recent polling showing approval near historic lows, which reformers cite as the reason for change while critics warn that altering Court structure could fuel reciprocal moves and further weaken public confidence.