Pete Buttigieg has emphasized the need for substantial changes to the U.S. Supreme Court, asserting that such reforms are essential for restoring public confidence in an institution increasingly seen as biased. During an appearance on Fox News, Buttigieg, a Democrat, highlighted that the court’s trust level has dropped significantly and suggested structural reforms.
Some of the reforms proposed include expanding the court, instituting term limits for justices, and adopting a ‘balanced bench’ model to minimize partisan influence. ‘The legitimacy of the Supreme Court is, I believe, the lowest it’s ever been in the eyes of the American people,’ he commented. ‘It’s come to feel like a nakedly partisan institution.’ He also warned that continued deterioration without reform could lead to ‘catastrophe.’
Three Supreme Court Reforms Proposed by Buttigieg
Expand the Court to 13 Justices
Buttigieg supports increasing the number of Supreme Court justices from nine to 13. He argues that this number should align with the 13 federal judicial circuits. ‘I also think we would be better off with a court that has something like 13 justices that would match the number of districts that we have in the federal system,’ he explained.
The Constitution does not mandate a specific number of justices, allowing Congress to decide the size of the court.
Impose Term Limits
He also advocates for term limits for justices, believing such limits could make appointments more predictable and reduce the political tension surrounding vacancies. ‘At a minimum, term limits so that, for each presidential term, you know how many Supreme Court appointments are going to go with it,’ he noted.
Legal scholars often propose 18-year staggered terms, enabling each president to nominate two justices during a four-year term. This idea has gained traction among other Democratic leaders in recent years.
Create a Balanced Bench
Buttigieg expressed interest in the balanced bench concept, while clarifying he is open to various reform visions. This model involves appointing some justices by Democratic presidents, others by Republican presidents, and selecting additional justices through consensus among existing members.
‘There are a lot of interesting different ideas and proposals for how to do it,’ Buttigieg remarked, noting the appeal of the balanced bench proposal.
Supporters argue this system encourages moderation in the court, though critics worry about its viability and potential constitutional challenges.
Understanding the Current Structure of the Supreme Court
Why Are There No Term Limits?
Justices serve lifetime appointments, as stated in Article III of the U.S. Constitution, allowing them to maintain independence by avoiding political pressure. Though changes might require a constitutional amendment, some suggest Congress can set staggered 18-year terms through legislation.
Current Number of Justices
The Supreme Court consists of nine justices:
- Chief Justice John Roberts
- Clarence Thomas
- Samuel Alito
- Sonia Sotomayor
- Elena Kagan
- Neil Gorsuch
- Brett Kavanaugh
- Amy Coney Barrett
- Ketanji Brown Jackson
Congress established the nine-justice format in 1869, a setup that remains today.
Average Age and Ideological Division
The average age of current justices is around 61, with Clarence Thomas at 78 and Amy Coney Barrett at 54. The court has a 6-3 conservative majority, shaping its rulings on key issues like abortion and gun rights.
What Is ‘Court Packing’?
‘Court packing’ refers to increasing the number of justices to alter the court’s ideological balance. The idea resurfaced after the Republican gain of a conservative majority, with some Democrats advocating for an expanded court.
Buttigieg favors a balanced and structured approach to court reforms, incorporating expansions to 13 justices as part of a broader reform effort, not merely an expansion for political gain.
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