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The Supreme Court has substituted its own policy preferences for the rule of law, granting the president immunity for crimes committed in office, erasing whole sections of the Voting Rights Act, and denying the right to abortion. We cannot wait for those on the bench to retire or pass away to set things right. The Constitution gives Congress the authority to determine the size and scope of the Supreme Court. To combat the right’s decades-long effort to control the Supreme Court, the left must start to fight fire with fire.
Presuming that the Democratic Party can win a trifecta in 2029, court reform must be their top priority. Why start with the Supreme Court? Courts lack the power of the purse or the military; their authority rests entirely on public confidence and the belief that they act as neutral arbiters. A recent Gallup Poll shows American confidence in the Supreme Court standing at 33%. In 2025, SCOTUS Blog reported that the Supreme Court ruled in President Trump’s favor in 20 out of 24 cases. Above all, this Supreme Court will block any and all of the Democratic Party’s agenda and it is about time for the Democratic Party to start wielding power in a way that will meet this moment.
The Roberts Court has dismantled laws that protected against the corrupting influence of money in politics, which has led to the domination of the wealthy in U.S. elections and policymaking. It has gutted landmark pieces of legislation and it has enabled an unaccountable executive to run roughshod over the U.S. system of checks and balances, often with no explanation for its rulings.
We need a strong Supreme Court to play its proper role in our democracy, protecting democratic institutions, upholding the rule of law, and safeguarding individual rights. But this Court no longer operates as the framers envisioned, nor as it should. Reforms can rebuild the public’s trust and restore balance in our system of government.
Article III of the Constitution, which establishes the federal judicial branch, leaves Congress with enormous control over the Court’s structure and operations. It is time for Congress to act once again and return the Court to its proper place in the U.S. constitutional system.
No other major democracy in the world provides life tenure for high court judges who hear constitutional cases. An 18-year term limit should be accompanied by a system of regular appointments. With an appointment every two years, each president would name two justices per presidential term, infusing the institution with fresh perspectives and lowering the stakes of each confirmation process, all while enhancing the democratic link between the Court and the public.
It would lessen incentives for justices to time retirements for political advantage or to stay on the Court in anticipation of a president from their preferred party taking office. And it would ensure that every president has an equal opportunity to influence the composition of the Court during a single term in office. Term limits are widely popular. A 2024 Fox News poll found that 78% of Americans are in favor of limiting justices to an 18-year term.
The Supreme Court Justices should be held to the highest ethical standards. Every court in the United States is required to abide by a binding code of conduct — except for the Supreme Court. Congress should enact this same code for the Supreme Court and establish a clear mechanism for enforcement and for the investigation of alleged violations, with findings of serious misconduct made public.
Lastly, expanding the Court to 13 justices to match the number of circuit courts can be accomplished by a simple act of Congress. Just pass a law and it’s done. It would be the first step to dismantling the tyranny of the minority because without it, no other reforms will survive. This Supreme Court has affirmed time and again that it is a friend to powerful special interests and a foe to the people and American democracy. We should be fighting for courts that are accountable to and work for the people, not the rich and powerful.
Brian Litwin is a Longmont resident, Colorado State University graduate and life long public servant.
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