Composition of the Court

The Supreme Court of the United States shall consist of thirteen Justices. The number of Justices shall be set in the Constitution and may only be changed by a constitutional amendment.

Terms and Appointments

Each Justice of the Supreme Court shall be appointed for a single term of eighteen years. A new Justice shall be appointed every two years, with terms staggered to ensure regular and predictable turnover.

Appointment Process

Appointments shall occur every two years on January 20, regardless of who is President. The appointment shall be made by the President, subject to the advice and consent of the Senate.

If the Senate fails to confirm a nominee within 120 days, the appointment shall be made by a bipartisan judicial commission composed of:

• Four members appointed by the President (no more than two from the same political party),
• Four members appointed by the Senate (equally divided between the majority and minority parties), and
• One member appointed jointly by the other eight members, who shall serve as chair.

The commission shall have 30 days to select a Justice by a two-thirds vote.

Post-Term Service

Upon the expiration of their term, a Justice may serve on lower federal courts, serve as a senior advisory judge, or retire from the judiciary. A former Justice may temporarily serve on the Supreme Court if a vacancy arises before a new appointment, but shall not be eligible for reappointment.

National Referendum on Supreme Court Rulings

Petition Process to Trigger a Referendum

• A Supreme Court ruling may be overturned by a national referendum if a petition gathers signatures from at least 5% of the total votes cast in the most recent presidential election.
• There is no time limit for gathering signatures, allowing for challenges to historic rulings such as Citizens United or Shelby County v. Holder.

2. Automatic Review for Exceptionally Unpopular Rulings

• If a Supreme Court ruling is opposed by a two-thirds majority vote in both the House and Senate, a national referendum shall be automatically scheduled without requiring a petition.

3. Referendum Procedure

• A referendum shall take place within six months of meeting the petition threshold or receiving congressional disapproval.
• The referendum shall be conducted via a national vote, with the ruling being overturned if a simple majority (50% +1) of voters reject it.

4. Safeguards Against Manipulation

If a ruling is overturned, the Supreme Court must issue a new decision on the matter within one year, considering the will of the people.

No ruling may be subject to more than one referendum within five years. After a referendum fails, the same ruling cannot be brought back for another referendum for at least five years.

A ruling cannot be overturned if the ruling expanded fundamental rights recognized in the Constitution (e.g., free speech, due process, equal protection).

Transparency and Public Access

The Supreme Court shall:

Maintain official papers, with portions released to the public after a Justice’s term, similar to presidential records.

Livestream all oral argument audio and work towards allowing cameras in the courtroom.

Ensure public access to court filings at all levels of the federal judiciary without charge.

Ethics and Financial Integrity

Supreme Court Justices and lower court judges shall:

Be subject to the same travel, gift, and hospitality rules as members of Congress and the executive branch.

Be prohibited from owning individual stocks to prevent financial conflicts of interest.

Publicly disclose financial holdings and potential conflicts of interest, with records maintained in an online, searchable database.

Public Appearances and Conduct

Justices shall:

Endeavor to speak before nonpartisan audiences and allow media coverage for most appearances.

Publicly disclose their scheduled appearances outside the Court.

Code of Ethics and Judicial Oversight

The Supreme Court shall adhere to a binding Code of Ethics, which shall be publicly available.Justices shall be subject to anti-harassment, anti-discrimination, and whistleblower-protection rules that apply to all federal employees.An independent judicial oversight board, composed of retired federal judges and legal ethics experts, shall review complaints against Justices and recommend disciplinary actions, if necessary.

Implementation and Supremacy

This amendment shall take effect immediately upon ratification and shall apply to all future appointments and terms of Justices. All conflicting provisions of the Constitution or federal law are hereby repealed.

The Supreme Court is the highest court in the United States, responsible for interpreting the Constitution, reviewing laws, and making decisions on legal disputes that affect the entire country. It has the final say on cases involving federal law and constitutional issues.

The Supreme Court ensures that laws and actions by the government comply with the Constitution. It has the power to shape important issues, like civil rights, economic policies, and national security, and its decisions have long-lasting impacts on society.

The current system of lifetime appointments and an unbalanced number of Justices (nine) can lead to significant political influence over the Court’s decisions. This system can also result in a lack of diversity and a disconnect between the Court and the changing needs of society.

Lifetime appointments mean that Justices can serve for decades, sometimes outlasting multiple presidencies. This can lead to ideological imbalances and political entrenchment, undermining the Court’s impartiality and responsiveness to modern legal challenges.

This amendment implements a fixed 18-year term for Justices, ensuring regular turnover. This creates a more predictable and balanced Court, and limits the excessive influence of any single administration.

An odd number of Justices is traditionally meant to prevent ties in decisions, but the Court’s composition can become politically skewed over time. Expanding the Court to 13 Justices reduces the likelihood of partisan deadlock and better reflects the diversity of the country.

The amendment ensures that each President can appoint four Justices during their eight-year term, with one new Justice appointed every two years. This system introduces regular appointments, promoting diversity and balancing judicial philosophies over time.

The Senate will continue to confirm Justices, but the regularized appointment system and term limits will reduce the influence of individual Senate confirmation battles, leading to a more consistent and predictable process.

The amendment introduces stronger ethics standards, including prohibiting Justices from owning individual stocks and requiring financial transparency, travel and gift disclosures, and adherence to ethical guidelines similar to those for Congress and the executive branch.

The amendment requires the livestreaming of oral arguments, making the Court’s proceedings more accessible. It also mandates public access to filings from lower courts and the release of a portion of the Justices’ papers, improving public understanding of Court decisions.

The amendment creates a process for the people to directly challenge rulings they believe are unjust. It lowers the threshold for initiating a national referendum, making it easier for the public to have a say in important judicial decisions, especially in cases like Citizens United or Shelby County v. Holder.

A referendum may be triggered by a petition signed by at least 5% of the total votes cast in the most recent presidential election. If Congress objects to a ruling, it can also trigger a referendum. The people vote on whether to overturn the ruling, with a simple majority required to overturn.

If a referendum fails, the same ruling cannot be challenged again for five years, preventing constant re-litigation and offering a cooling-off period to ensure public interest is sustained over time.

The amendment mandates that Justices adhere to a Code of Ethics, which includes strong anti-harassment, anti-discrimination, and whistleblower protections. This ensures that the Court operates fairly, transparently, and free from undue influence.

Transparency in the judiciary is essential to public trust. Justices will be required to disclose their public appearances and speak before nonpartisan audiences to improve accountability and reduce the potential for conflicts of interest.

By expanding the Court to 13 Justices and creating a regular appointment system, the amendment ensures that no one party can dominate the Court for extended periods. This reduces the risk of a Court that is overly influenced by the political party in power.

If the amendment isn’t passed, the issues of lifetime appointments, potential corruption, lack of transparency, and political influence will persist, further eroding the Court’s legitimacy and undermining public trust.

With term limits, greater transparency, improved ethics, and the ability for the public to influence decisions through referendums, the amendment promotes a more accountable, fair, and responsive Supreme Court, leading to stronger public confidence.

By implementing a fixed number of Justices and introducing regular turnover, the amendment reduces the potential for political entrenchment and allows for fresh perspectives on the Court without creating major disruptions in the judicial process.

Current Justices will remain in place until their 18-year term expires, but they will not be reappointed. After their term ends, they will move to lower federal courts or may serve as temporary replacements in case of emergency vacancies. Their transition ensures that the Court’s operations remain stable throughout the reform process.