Democrats could dust off plans for court reforms after capturing Congress
Summary
Democrats’ capture of the House and Senate could let them advance proposals to change the Supreme Court, including ethics rules and other reforms. Their control of 54 to 56 Senate seats is below the 60 votes usually needed to advance most legislation, and President Donald Trump’s position on any measures is unclear.Key Facts
- Democrats are expected to hold at least 250 House seats and at least 54 Senate seats.
- House Democratic Leader Hakeem Jeffries has said the Supreme Court should be cleaned up and has called for dramatic reform.
- Democrats have proposed Supreme Court ethics rules, term limits for justices and adding seats to the court.
- The House passed Supreme Court ethics legislation during the first two years of the Biden administration, but it stalled in the Senate.
- A commission established by then-President Joe Biden studied court reform proposals but did not recommend structural changes.
- A proposal by Sen. Sheldon Whitehouse would require the Supreme Court to adopt an ethics code and procedures for misconduct complaints.
- Whitehouse and Rep. Hank Johnson reintroduced related ethics legislation in 2025, including proposed rules for disclosing gifts, income and reimbursements.
- Democrats are unlikely to have the 60 Senate votes usually needed to advance legislation, and it is unclear whether Trump would sign court-reform measures.
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