The Supreme Court Is in Desperate Need of Reform

By: Lauren Fokas | Published: May 26, 2024

Since its inception in 1789, the U.S. Supreme Court has been synonymous with justice. The nine judges that make up the highest court in the country are known for their infallible ethics and dedication to the Constitution, but now, the reputation of both the justices and the court is in jeopardy. 

Millions of Americans are concerned that the current members of the Supreme Court, as well as the system that appoints them, are simply not functioning as they should. These Americans want to see a change, and they will fight to make it happen.

The On-Going Controversy in the Supreme Court

Over the past few years, there have been several controversial situations at the U.S. Supreme Court. From seemingly unconstitutional decisions to justices being accused of accepting bribes and even who is appointing the team and when, it’s been one drama after another. 

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A photograph of an upside-down American flag flying in front of the U.S. Capitol

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Now, two more strange events have pushed many Americans to their breaking point. They want a complete reform of the Supreme Court, including several institutional changes. 

One Supreme Court Justice Flew His Flag Upside Down

In 2021, just days after Trump supporters stormed the Capitol to protest the former president’s eviction from the White House, one Supreme Court justice clearly displayed his alliances. 

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Photograph of the 2024 U.S. Supreme Court Justices with a red circle around Samuel Alito

Source: Supremecourt.gov

Members of the Supreme Court are supposed to be non-partisan, but when Justice Samuel Alito hung an upside-down American flag in front of his home, he announced to the world that he is a proud member of Team Trump. The inverted flag was a symbol of Trump support that day at the Capitol and has remained so for several years. 

The Supreme Court Recently Agreed to Hear Trump’s Immunity Claim

Arguably more importantly, the Supreme Court also recently agreed to hear former president Trump’s plea for immunity. Trump turned to the high court, asking them to decide whether or not he could be prosecuted regarding his attempt to overturn the 2020 election results when he lost to Biden. 

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The Supreme Court has never had to decide whether or not a president should or can be protected from prosecution because of actions taken while in the Oval Office. They explained that they plan to figure out “whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”

Trump Appointed Three of the Nine Supreme Court Justices

Many argue that even agreeing to hear the argument that Trump could possibly be allowed immunity for his crimes is both unconstitutional and unethical, and ruling in his favor would be absolutely ridiculous. 

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Former president Donald Trump speaks into a microphone in front of an American flag

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However, it should really come as no surprise that the two most recent controversial situations within the Supreme Court both favor ex-president Donald Trump. While he was in office, he appointed three of the nine justices currently serving. 

Members of Congress Have Finally Decided to Fight for Court Reform

With these strange and extenuating circumstances, Congressman Hank Johnson, four other Democratic leaders and several advocacy groups announced just last week that they have created the Court Reform Now Task Force

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A promotional photograph of the logo for the Court Reform Now Task Force

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This task force will be “utilized as a platform to increase awareness and elevate debate around key pieces of court reform legislation to fix and rebalance the court,” as well as propose and discuss several tangible changes to the current system. 

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The Supreme Court Should Have to Follow a Code of Ethics

The first proposal up for debate within the task force is whether or not Supreme Court justices should follow a code of ethics. The legislation has already been drawn up, and it’s called the Supreme Court Ethics, Recusal and Transparency Act.

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A hand pulls a book off the shelf entitled “Code of Ethics”

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It ensures justices cannot take bribes, choose political sides or lie to the American people without risking losing their jobs. And several polls showed that between 67% and 90% of Americans support the introduction of the code of ethics for the supposedly most ethical people in the country. 

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There Should Be a Time Limit for Serving on the Supreme Court

The second proposition is the Supreme Court Tenure Establishment and Retirement Modernization (TERM) Act, which establishes 18-year terms for justices. Additionally, each president would only be able to nominate two justices during their time in the White House. 

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This act is exceptionally important because, as of right now, justices can serve for life, and presidents can appoint as many justices as they please. Two-thirds of Americans already agree that the current policies are outdated and prefer the new act instead. 

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There Should Be 13 Supreme Court Justices Instead of 9

Last but certainly not least, the final proposal within the Court Reform Now Task Force is the Judiciary Act to expand the Supreme Court. This legislation would mean there would be 13 members of the court, not 9 as there are now. 

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According to one poll, only 44% of Americans agree that 13 justices would be better than 9, but with a little more convincing, they are likely to get the majority for all three of these acts. 

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Both Republican and Democratic Supporters Should Want a Just Supreme Court

Although three members of the Supreme Court were appointed by Trump, and the court unquestionably leans to the right, the Court Reform Now Task Force should be important to both Democrats and Republicans

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At any point in time, the court could lean left again, as politics change faster than the weather. That’s why it’s incredibly important that the highest court in the country has rules and regulations to keep it as impartial as possible. 

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The Supreme Court Needs to Balance the Two Political Parties

The Founding Fathers of the United States of America hoped and planned for the Supreme Court to be nonpartisan so that there would be at least one governing body to keep the balance between the two parties. 

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However, the sad truth is that the system has broken, and it needs to be fixed. Although the task force has been proposed by Democratic leaders, it really is for the good of all Americans. 

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The United States Needs to Get Back on Track

The Pew Research Center reported that only 4% of U.S. adults say that the political system is working extremely or very well, and 63% said they have little or no confidence at all in the future of the political system. 

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A close-up photograph of a replica of the U.S. Constitution atop a U.S. flag

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These numbers are absolutely shocking, and they show the dire situation in the United States. While the Court Reform Now Task Force wouldn’t change anything, it would absolutely be a step in the right direction.

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