No Single Fix Will Save Us
When confronting the Supreme Court’s crisis of legitimacy, reformers often advocate for a single solution: “Just add term limits.” “Just expand the Court.” “Just pass ethics rules.”
But here’s the uncomfortable truth: no single reform—however well-designed—will fix a Supreme Court captured by the Federalist Society, funded by dark money, staffed with justices who accept millions in gifts, grant presidents immunity for crimes, dismantle gun safety laws, and overturn precedents based on ideology.
The problems are systemic, interconnected, and self-reinforcing. They require comprehensive, coordinated reform across multiple dimensions simultaneously.
Anything less leaves the fundamental pathologies intact—and the captured Court will simply work around partial reforms to maintain its power.
This is the case for comprehensive Supreme Court transformation.
Why Single-Issue Reforms Fail
Term Limits Alone Won’t Fix Corruption
18-year term limits would regularize appointments and reduce strategic retirement. That’s good.
But term limits don’t:
- Stop justices from accepting millions in gifts during their terms
- Prevent the Federalist Society from pre-selecting who gets appointed
- Address the current 6-3 supermajority for the next 10-20 years
- Limit the damage bad decisions cause while waiting for turnover
- Stop dark money from dominating judicial confirmations
Justice Thomas with a term limit is still Justice Thomas accepting luxury yacht trips. The corruption continues.
Court Expansion Alone Invites Escalation
Adding four justices to create a 7-6 progressive majority would rebalance the Court tomorrow. That’s appealing.
But expansion without other reforms:
- Invites tit-for-tat retaliation when Republicans regain power
- Doesn’t prevent the next round of corrupt appointments
- Leaves lifetime tenure intact (new justices serve 30+ years too)
- Doesn’t address ethics, dark money, or Federalist Society capture
- Creates unstable precedent for unlimited court-packing
Without structural reforms, expansion is a temporary fix destined for escalation.
Ethics Codes Alone Won’t Stop Ideological Capture
A binding ethics code would prevent Clarence Thomas from accepting $4.75 million in gifts. That’s necessary.
But ethics rules don’t:
- Change the ideological composition of the current 6-3 Court
- Stop the Federalist Society from selecting future justices
- Address presidential immunity or Chevron being overturned
- Prevent bad-faith judicial reasoning dressed as originalism
- Limit how long corrupt justices already on the Court can serve
Honest justices implementing a terrible agenda is still a captured Court.
Jurisdiction Stripping Alone Cedes Ground
Congress could strip the Court’s jurisdiction over abortion, guns, voting rights, or other areas. That prevents immediate harm.
But jurisdiction stripping:
- Surrenders the principle that constitutional rights should be nationally protected
- Creates a patchwork of rights varying by state
- Doesn’t fix the underlying Court composition problem
- Leaves the Court free to do damage in non-stripped areas
- Requires constant Congressional vigilance and supermajorities
It’s defensive, reactive, and incomplete.
The Interconnected Crises
The Supreme Court’s problems aren’t separate issues. They’re symptoms of the same disease: unaccountable power.
Crisis 1: Partisan Capture (Federalist Society)
Six justices selected by one organization, funded by dark money, implementing coordinated agenda.
Crisis 2: Lifetime Entrenchment
Justices serving 30-40 years, dominating the Court for generations, strategic retirement timing.
Crisis 3: Ethics Collapse
Millions in undisclosed gifts, refusal to recuse, corruption without consequences.
Crisis 4: Illegitimate Decisions
Presidential immunity, Chevron overturned, Roe overturned, voting rights gutted, gun regulations dismantled.
Crisis 5: Minority Rule
Six justices appointed by presidents who lost the popular vote, confirmed by senators representing minority of Americans.
The Vicious Cycle
These crises reinforce each other:
- Federalist Society capture → ideological justices → bad decisions
- Lifetime tenure → no accountability → ethics violations
- Dark money corruption → partisan selections → Federalist Society capture
- Bad decisions → public distrust → legitimacy crisis
- Legitimacy crisis → resistance to reform → continued minority rule
Breaking this cycle requires attacking all five problems simultaneously.
The Comprehensive Reform Package
To actually fix the Supreme Court, we need coordinated reforms across five dimensions:
1. Immediate Rebalancing: Court Expansion
What: Add four justices immediately, creating 13-member Court
Why:
- Corrects stolen seats (Garland, Barrett rushed confirmation)
- Breaks current 6-3 conservative supermajority
- Provides immediate relief from extremist decisions
- Creates space for other reforms to take effect
How: Congressional legislation under Article III power to structure courts
2. Long-Term Structure: 18-Year Term Limits
What: Staggered 18-year terms with appointments every two years
Why:
- Regular turnover reduces entrenchment
- Each president appoints two justices per term
- Ends strategic retirement timing
- Maintains judicial independence while ensuring accountability
- Aligns with international norms
How: Statutory reform (possibly requiring constitutional amendment if challenged)
3. Accountability: Binding Ethics Code
What: Enforceable ethics rules with independent oversight and real penalties
Why:
- Prevents corruption like Thomas’s $4.75 million in gifts
- Mandatory recusal when conflicts exist
- Independent investigation of violations
- Public complaint process
How: Supreme Court Ethics, Recusal, and Transparency Act (SCERT Act)
4. Power Limitation: Targeted Jurisdiction Stripping
What: Remove Court jurisdiction over specific rights or subject areas Congress wants to protect
Why:
- Immediate protection for abortion, voting rights, gun safety
- Doesn’t rely on Court composition changing
- Constitutional under Exceptions Clause
- Pragmatic stopgap while other reforms take effect
How: Congressional legislation invoking Article III, Section 2 Exceptions Clause
5. Democratic Legitimacy: Selection Reform
What: Require bipartisan supermajorities for confirmation OR create bipartisan confirmation commission
Why:
- Ends purely partisan appointments
- Ensures nominees have broad support
- Reduces ideological extremism
- Prevents Federalist Society monoculture
How: Senate rules changes or statutory commission creation
Why All Five Are Necessary
Court Expansion Without Term Limits
Creates 13 lifetime appointees instead of nine. The same problems recur—just delayed.
Term Limits Without Expansion
Leaves 6-3 supermajority intact for 10-15 years while waiting for natural turnover. Too slow.
Ethics Code Without Composition Change
Honest justices implementing Federalist Society agenda. Still broken.
Jurisdiction Stripping Without Structural Reform
Defensive crouch, surrendering national constitutional rights. Unsustainable.
Any Three Without The Others
Leaves critical vulnerabilities the captured Court will exploit.
Only comprehensive reform addresses all dimensions of the crisis simultaneously.
The Implementation Strategy
Phase 1: Immediate (First 100 Days)
- Pass Court expansion - Add four justices
- Confirm new justices - Appoint four moderate-progressive jurists
- Strip jurisdiction over abortion, voting rights as stopgap
Phase 2: Structural (Year One)
- Enact term limits - 18 years for all future justices
- Pass binding ethics code - SCERT Act with enforcement
- Create ethics enforcement body - Independent oversight panel
Phase 3: Cultural (Ongoing)
- Transparency requirements - Dark money disclosure for amicus briefs
- Confirmation reform - Bipartisan commission or supermajority requirement
- Public education - Build support for reformed Court
Phase 4: Constitutional (If Needed)
- Constitutional amendment - If courts strike down statutory reforms
- Codify reforms - Make changes permanent via amendment
Objections and Responses
“This Is Too Radical”
Response: The current Court is radical. Overturning Roe, granting presidential immunity, dismantling Chevron—those are radical. Comprehensive reform restores balance.
“Republicans Will Retaliate”
Response: Republicans already broke norms (Garland, Barrett, dark money). Binding reforms with structural protections prevent endless escalation. Term limits and bipartisan selection make retaliation harder.
“We Should Start With Just One Reform”
Response: Single reforms fail because the Court’s problems are interconnected. Partial fixes leave vulnerabilities the captured Court will exploit. Only comprehensive transformation works.
“The Court Will Strike Down These Reforms”
Response: That’s why we need Court expansion first—to create a majority that will uphold reforms. And if necessary, constitutional amendment.
“This Would Undermine Judicial Independence”
Response: The current Court isn’t independent—it’s captured by the Federalist Society. Term limits, ethics codes, and balanced selection enhance independence by reducing corruption and partisan control.
International Precedent: Other Democracies Reformed Their Courts
Comprehensive court reform isn’t unprecedented:
United Kingdom (2009): Complete restructural of highest court, creating Supreme Court separate from Parliament. Mandatory retirement age 70.
Germany: 12-year terms, supermajority selection, mandatory retirement at 68. Highly respected constitutional court.
France: Nine-year terms, staggered appointments, mix of selection methods.
Canada: Mandatory retirement at 75, bipartisan selection commissions.
Every other democracy has recognized that unlimited judicial power requires structural limits. Comprehensive reform works.
The Choice: Reform or Oligarchy
We face two futures:
Future 1: No Reform (Continued Decline)
- Federalist Society 6-3 majority for 20+ years
- More extreme decisions dismantling rights and regulations
- Continued corruption and ethics violations
- Growing public distrust and legitimacy crisis
- Increasing calls for Court defiance or abolition
- Constitutional crisis and democratic collapse
Future 2: Comprehensive Reform (Democratic Restoration)
- Balanced Court reflecting democratic preferences
- Regular turnover ensuring accountability
- Ethics enforcement preventing corruption
- Decisions based on law, not ideology
- Restored public trust and legitimacy
- Functional democracy with judicial review intact
Conclusion: All Five or None
The Supreme Court’s crisis isn’t single-dimensional. It’s:
- Partisan capture
- Lifetime entrenchment
- Ethics collapse
- Illegitimate decisions
- Minority rule
…all at once, reinforcing each other.
Piecemeal reform attacks one problem while leaving others intact. The Court adapts, works around partial fixes, and maintains its captured status.
Only comprehensive transformation—court expansion + term limits + ethics code + jurisdiction stripping + selection reform—addresses all dimensions simultaneously.
Is it ambitious? Yes. Is it difficult? Absolutely. Is it necessary? Without question.
The alternative is accepting a Supreme Court captured by dark money, implementing a Federalist Society agenda, immune from accountability, and hostile to democracy.
We tried piecemeal reform. We tried asking nicely. We tried waiting for moderation.
None of it worked.
It’s time for comprehensive transformation. All five reforms. Together. Now.
Democracy depends on it.