After years of criticizing Supreme Court rulings on issues like abortion, presidential authority, and voting rights, congressional Democrats are positioned to potentially advance judicial reform legislation. Following the recent election, the party is expected to hold at least 54 seats in the Senate and roughly 250 in the House, providing a legislative pathway for proposals that previously stalled in the GOP-led chamber. Democrats will control between 54 and 56 seats. Here are some of the proposals that Democrats could take up in the next Congress. Vance blames Iran conflict for GOP defeats: “The reason we lost is the war. Democrats have flipped over 40 House seats.
House Democratic Leader Hakeem Jeffries, who is anticipated to become speaker in January, has already signaled that Supreme Court oversight remains a priority. In a formal letter regarding his bid for the speaker’s gavel, Jeffries stated, “We must root out corrupt price gouging, clean up the mess at the Supreme Court and ban Members of Congress from trading stocks.” He also noted in an August appearance on NBC’s “Meet the Press” that the high court requires “dramatic” reform, highlighting the work of Democratic Representative Jamie Raskin, who is slated to lead the House Judiciary Committee. It’s unclear whether Mr. Trump would sign them into law, and even if court-reform measures did win approval from both chambers of Congress. Barrett lost his seat for reelection in Tuesday’s midterms.
Although specific legislative priorities for the upcoming session remain unfinalized, Democratic lawmakers have long discussed measures ranging from establishing term limits for justices to implementing stricter ethics guidelines and potentially expanding the number of seats on the bench. Several bills introduced in the House would set 18-year term limits for justices and establish regular appointments in certain years of a president’s term. Introduced by Maryland Democratic Rep, under one of the proposals for a constitutional amendment. Sitting justices who have been on the court for more than 18 years would have to retire, johnny Olszewski. Chief Justice John Roberts, Justice Samuel Alito and Thomas have all served more than 18 years. His proposal for a constitutional amendment would limit terms for members of the Supreme Court and lower courts to 20 years. And across the nation’s history, the number of people on the high court has changed six times, ranging from a low of six justices to a high of 10, the Constitution does not set the number of justices on the Supreme Court.
During the initial two years of the Biden administration, the House successfully passed legislation aimed at imposing ethics requirements on justices, though the effort did not advance in the Senate. A spokesperson for Raskin did not immediately return a request for comment.
A subsequent commission established by then-President Joe Biden studied these proposals but stopped short of recommending structural changes.
Pressure for such reforms has intensified as the court’s conservative majority continues to overturn precedents and broaden executive power. While House Democrats now possess the numbers to pass reform bills, they face a more difficult hurdle in the Senate, where a 60-vote threshold remains necessary to move most legislation forward.
Specific proposals under consideration include legislation championed by Senator Sheldon Whitehouse and Representative Hank Johnson, which would mandate that the Supreme Court adopt a binding code of conduct and establish clear procedures for addressing misconduct complaints. This push gained significant traction in 2023 following reports from ProPublica regarding undisclosed travel and financial ties involving Justice Clarence Thomas. The Whitehouse and Johnson plan would also require the court to set rules for the disclosure of gifts, income, and reimbursements. After ProPublica published a series of articles about Justice Clarence Thomas’s trips with a wealthy Republican donor that were omitted from his financial disclosures, legislative efforts aimed at requiring the Supreme Court to adopt a code of conduct gained momentum in 2023. A Democrat from Rhode Island, died before the full Senate, sheldon Whitehouse. Whitehouse reintroduced the proposal in May 2025. Others have been investigated for alleged misconduct. Andrew Clyde of Georgia has filed articles of impeachment against her.
Additional measures introduced by Senator Cory Booker and Representative Daniel Goldman would create an internal Office of Ethics Counsel within the judicial branch. Furthermore, a bill authored by Representatives Jamie Raskin and Alexandria Ocasio-Cortez seeks to cap the value of gifts accepted by federal judges and justices at $50. While the Supreme Court adopted its own code of conduct in November 2023, critics argue the lack of an enforcement mechanism necessitates congressional intervention. Then, the proposal must be ratified by three-fourths of the states, or 38 or 50 states.
Beyond the high court, advocates like Gabe Roth, executive director of Fix the Court, suggest that the new Democratic majority could also focus on investigating misconduct within the lower federal courts.
Recent concerns have included allegations of mistreatment of clerks by judges and various investigations into professional conduct. For instance, U.S. District Judge Eleanor Ross received a private reprimand following an investigation into her personal conduct in chambers, while U.S. District Judge Ada Brown is currently the subject of judicial conduct proceedings over allegations of making racial insults.
Roth emphasized that addressing the judiciary’s “third branch” is essential, noting, “There’s 2,400 federal judges, so there’s going to be a few bad apples, but if we’re going to talk about cleaning up the government, we can’t leave out the third branch.” Legislative options could include extending workplace discrimination and harassment protections to the judiciary, a move that has historically seen bipartisan support, as well as restricting the financial activities of those on the bench.
While expansion proposals have surfaced—such as a bill from Texas Representative Al Green that would increase the number of Supreme Court seats from nine to 13—the focus remains broad as Democrats prepare their legislative agenda. Since 1869, the size of the court has remained fixed at nine justices, making any structural change a significant historical shift.
