Return to “The Rights” table of contents
Why is Supreme Court reform necessary?
The Supreme Court is the highest court in the United States, responsible for interpreting the Constitution and deciding on key legal issues. The problem is that there are no effective checks and balances on the Supreme Court. Poor decisions by the Court have historically led to the Civil War, Jim Crow laws, forced sterilization, loss of basic rights, and threats to our democracy. The Constitution was designed with the idea that checks and balances would prevent any one branch of government from becoming too powerful. However, this system depends on the other two branches not being complicit with the offending branch.
What are the main goals of this amendment?
This amendment proposes changes to the structure, appointment process, and operations of the Supreme Court to enhance fairness, transparency, and accountability.
How does this amendment accomplish its main goals?
Increase the number of Supreme Court Justices
- The Supreme Court will have 13 Justices instead of 9.
Term Limits for Supreme Court Justices
- Each Justice will serve a single term of 18 years.
- A new Justice will be appointed every 2 years.
Presidential Appointments
- Each President can appoint 4 Justices per 8-year term.
- These appointments need Senate approval.
Post-Term Service
- After their term, Justices will serve on lower federal courts.
- They can temporarily serve on the Supreme Court if there’s an unexpected vacancy but cannot be reappointed.
Public Referendum to Reverse Bad Rulings
- The public can overturn Supreme Court rulings through a national referendum process, effectively creating a strong check and balance on the Supreme Court.
- A petition with signatures from 10% of voters in the most recent presidential election is needed to start the referendum.
Transparency and Access
- Oral arguments will be livestreamed and made available to the public.
- The Supreme Court will allow cameras in the courtroom.
- Access to lower court filings will be free.
- Justices must release a portion of their official papers to the public, similar to former Presidents.
Financial and Ethical Standards
- Justices and lower court judges cannot own individual stocks. However, they can own index funds, bonds, and ETFs (exchange traded funds).
- They must be transparent about conflicts of interest.
- They will follow the same rules on travel, gifts, and hospitality as Congress and the executive branch.
- Financial disclosures will be publicly accessible online.
Public Appearances
- Justices must inform the public about their appearances outside the court.
- They should speak before nonpartisan audiences and allow media coverage for most appearances.
Code of Ethics
- Justices must adhere to a Code of Ethics.
- The judiciary will follow stricter rules on harassment, discrimination, and whistleblower protection.
Immediate Implementation
- The amendment takes effect immediately upon ratification.
- It applies to all future appointments and terms of Justices.
Repeal of Inconsistent Laws
- Any conflicting laws or constitutional provisions are repealed.
The Amendment
SECTION 1
The Supreme Court of the United States shall consist of thirteen Justices.
SECTION 2
Each Justice of the Supreme Court shall be appointed for a single term of eighteen years. Justices shall be appointed in such a manner that a new Justice is appointed every two years.
SECTION 3
Each President shall have the power to appoint four Justices to the Supreme Court during each eight-year term of office. These appointments shall be subject to the advice and consent of the Senate.
SECTION 4
Upon the expiration of their term, a Justice shall serve on lower federal courts and may fill in on the Supreme Court in the event of an unexpected vacancy, but shall not be eligible for reappointment to the Supreme Court.
SECTION 5
The People of the United States shall have the power to overturn rulings of the Supreme Court by a national referendum. Such a referendum may be initiated by a petition signed by a number of citizens equal to at least ten percent of the votes cast in the most recent presidential election. The process for conducting such a referendum shall be determined by Congress.
SECTION 6
The Supreme Court shall continue livestreaming oral argument audio and shall work towards allowing cameras in the courtroom. Access to filings in the lower courts shall be free of charge. Justices shall maintain their official papers and release a portion of them to the public in a manner similar to former Presidents.
SECTION 7
Supreme Court Justices and lower court judges shall not own individual stocks and shall be transparent about their conflicts of interest. Judges and justices shall be subject to the same travel, gift, and personal hospitality rules as members of Congress and the executive branch. The online financial disclosures database shall include every judge’s and justice’s annual report.
SECTION 8
Supreme Court Justices shall advise the public of their appearances outside of the court, endeavor to speak before nonpartisan audiences, and allow media coverage for most of their appearances.
SECTION 9
Supreme Court Justices shall adhere to a Code of Ethics, taking concrete steps to improve the ethics regimen. The entire judiciary shall be subject to stricter anti-harassment, anti-discrimination, and whistleblower-protection rules.
SECTION 10
This amendment shall take effect immediately upon ratification and shall apply to all future appointments and terms of Justices. All provisions of the Constitution or of the laws of the United States which are inconsistent with this amendment are hereby repealed.
Leave a Reply