Pete Buttigieg’s Proposals for Reforming the U.S. Supreme Court

Pete Buttigieg has intensified his call for major changes to the U.S. Supreme Court. He argues that reforms are necessary to restore public trust in what many view as an increasingly partisan institution. Speaking on Fox News, Buttigieg, a Democrat, highlighted that confidence in the Supreme Court has plummeted to unprecedented lows. He suggested several structural reforms, including court expansion, term limits for justices, and a ‘balanced bench’ model aimed at curbing partisan influence.

Current Concerns About the Supreme Court

Buttigieg mentioned that the Supreme Court’s legitimacy is perceived by Americans as being at an all-time low, coming across as a starkly partisan body. He warned that if current trends persist, the nation might have to choose between ‘reform’ and ‘catastrophe.’

Three Supreme Court Reforms Proposed by Buttigieg

Expand the Court to 13 Justices

Buttigieg supports increasing the Supreme Court from nine to 13 justices. He contends that this number aligns with the 13 federal judicial circuits. Congress has historically changed the Court’s size multiple times, settling on nine justices in 1869. The Constitution permits Congress to determine the number of justices.

Impose Term Limits

Buttigieg also advocates for Supreme Court term limits. He believes these would make appointments more predictable and reduce the political stakes of vacancies. Legal scholars often propose 18-year staggered terms, which would permit each president to appoint two justices during a four-year term. This idea has garnered support from other Democratic leaders as well.

Create a Balanced Bench

Buttigieg is interested in a balanced bench system, though he remains open to different reform approaches. Under this model, some justices would be appointed by Democratic and Republican presidents. Additional justices would be selected by agreement among existing members. The goal is moderation, but critics argue it presents constitutional and political challenges.

Understanding the Balanced Bench System

The balanced bench system proposes expanding the Court to 15 justices. Ten would be appointed through traditional nominations, split evenly between parties over time. These ten would then select five justices with broad ideological support. Proponents see it as a way to encourage moderation, though critics foresee implementation difficulties.

Why Doesn’t the Supreme Court Have Term Limits?

Supreme Court justices serve life terms if they maintain “good behaviour,” as outlined in Article III of the U.S. Constitution. Lifetime appointments were intended to protect judicial independence. Changing this might require a constitutional amendment, but some scholars believe Congress could legislate staggered 18-year terms, leaving retired justices in limited roles.

Current Composition and Characteristics of the Supreme Court

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

{{The number of justices was set to nine in 1869 and remains unchanged.}}

The Age and Ideological Division on the Court

The Supreme Court’s average age is around 61, with the oldest member being Clarence Thomas at 78 and the youngest Amy Coney Barrett at 54. The Court is viewed as having a 6-3 conservative majority, leading to significant rulings on various contentious issues.

Understanding ‘Court Packing’

‘Court packing’ refers to increasing the number of justices to shift the Court’s ideological balance. The Constitution does not mandate a specific number, allowing Congress to adjust it historically. The term is often associated with President Franklin D. Roosevelt’s 1937 failed attempt to add justices after New Deal programs faced overturn. Despite recent discussions on court expansion, Buttigieg frames his support for increasing the size to 13 as part of broader institutional reforms, not solely to advantage one party.