Pete Buttigieg has called for significant changes to the U.S. Supreme Court to rebuild public trust in what he describes as a partisan institution. During an appearance on Fox News, Buttigieg noted the historic decline in confidence in the court and suggested structural reforms.
Supreme Court Legitimacy
Buttigieg, the former U.S. transportation secretary, stated the court’s legitimacy is perceived as lower than ever by Americans. He warned of the consequences of ignoring the current trends, predicting a choice between necessary reform or potential crisis.
Three Proposed Reforms
Expand the Court to 13 Justices
Buttigieg advocates for increasing the court size to 13 justices, matching the 13 federal judicial circuits. This change reflects historical adjustments made by Congress, which settled on nine justices in 1869, as the Constitution does not mandate a specific number.
Impose Term Limits
He supports term limits to make appointments predictable and reduce political strife. A popular proposal suggests 18-year staggered terms, aligning with similar ideas from other Democratic leaders, to allow two appointments per presidential term.
Create a Balanced Bench
Buttigieg expressed interest in a balanced bench model. Under this system, justices appointed by Democratic and Republican presidents would be supplemented by consensus justices chosen by existing members. This aims to reduce extreme partisan appointments. However, the concept raises implementation and constitutional questions.
Understanding the Current Supreme Court
Term Limits Debate
Currently, justices have lifetime appointments subject to “good behaviour” as per Article III of the Constitution, intended to preserve judicial independence. A constitutional amendment may be needed to change this, although some scholars believe staggered terms could be legislated.
Composition of the Court
The Supreme Court has nine justices: Chief Justice John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson. This number has been fixed since 1869.
Demographics and Ideological Divide
The average age of a justice is about 61. The oldest is Clarence Thomas at 78, and the youngest is Amy Coney Barrett at 54. The court is seen to have a 6-3 conservative majority, influencing its landmark rulings and fueling the debate on its legitimacy.
Understanding ‘Court Packing’
Court packing refers to expanding the court’s size to alter its ideological stance. The term is notably linked to President Franklin D. Roosevelt’s 1937 attempt to add justices to approve New Deal programs, which ultimately failed. Recent discussions have revived the idea as Democrats respond to the current conservative majority.
Buttigieg’s proposal to increase the court to 13 justices integrates into broader reforms including term limits and a balanced bench model, without mere partisan intent.