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The Heritage Foundation has vowed to go to federal court to stop Democrats’ nomination of Vice President Kamala Harris. Silly political bluster, of course. But it’s another reminder of how important the Supreme Court has become as a politicized institution and an influencer of elections.
The Supreme Court is an anomalous institution. It combines vast power with minimal accountability. And trust in the Court has, rightfully, plunged to the lowest level ever recorded. Millions see it as hopelessly politicized. The Supreme Court is broken and urgently needs reform.
Court reform is an issue whose time has come. The Brennan Center has pursued changes for years, and we’re very pleased to report that our work will gather new intensity. Today we launched the Kohlberg Center on the U.S. Supreme Court, a major new initiative to concentrate our efforts. We’re establishing it thanks to the generosity of Jim Kohlberg, a businessman and philanthropist, who has pledged $30 million for a long-term investment in this work. It is a remarkable and farsighted commitment.
The opportunities to improve the Court are many. Congress should enact an 18-year term limit for justices. Nobody should have too much public power for too long. The public strongly supports term limits — according to a new poll from Fox News, 78 percent of registered voters are in favor. It has majority support among Democrats, Republicans, and independents. Few issues have such clear public consensus.
What we aim to do is give substantive depth to this support. Most states term limit their justices. How do those systems work? How about those in our peer democracies, all of which have term limits for their constitutional courts? These and many other questions can help build the growing bipartisan support for this reform. Term limits are an idea whose time has come.
Term limits are just a start. Last year, to deflect rising criticism, the Supreme Court adopted its first code of conduct. But it’s an unenforceable sham that the Court disingenuously said was only to clear up the public’s “misunderstanding.” There was never a misunderstanding. The justices have proved that they can’t police themselves — the public can see that — and that the Court needs clear and binding rules.
And there is a need for creative and innovative responses to the challenge of a Supreme Court that is far out of step with the American public. Often Congress has the power to respond to misguided rulings, but congressional procedures get in the way. In recent years there has been a streamlined response mechanism for Congress to undo regulations. Why not something like that so lawmakers can have a meaningful say? At the Kohlberg Center, those and other ideas will be incubated.
These reforms have wide backing from the public because they are not part of the partisan push and pull. They speak to a fundamental belief in the rule of law, commitment to the Constitution, and the need for an independent judiciary to protect all our rights. Something has gone awry in the highest court in the land. The Kohlberg Center, which will draw on the talent of today’s Brennan Center staff and enlist experts from around the country and across the political spectrum, will be part of our contribution to setting things right.
