In response to what many perceive as a legitimacy crisis of the highest court in the land, U.S. Senator Ron Wyden, D-Ore., has put forth an ambitious piece of legislation aimed at overhauling the nation's judicial system. Senator Wyden's Judicial Modernization and Transparency Act seeks to establish new balances between governmental branches, improve transparency, and ultimately, augment the public's dwindling trust in America's judiciary, as announced on his official Senate webpage.
The pillars of Wyden's proposed legislation include a gradual expansion of the Supreme Court to 15 justices over a span of three presidential terms, a supermajority threshold for the nullification of Congressional acts, and mechanics to impede the stalling of Supreme Court nominations. The measure also lays groundwork for tackling potential financial conflicts and unethical behavior via increased transparency and accountability procedures. As per Senator Wyden’s office, “The Supreme Court is in crisis and bold solutions are necessary to restore the public trust,” highlighting a growing concern amongst legislators and the public alike about the current state of the judiciary.
The bill doesn't stop at the Supreme Court, it proposes a reconfiguration of the nation’s circuit courts as well. It expands the number of circuit courts to 15, splits the Ninth Circuit, and establishes a new Southwestern Circuit, in addition to adding Circuit Court and District Court judgeships. This expansion is envisioned as a measure to improve overall access to justice for Americans across the country.
In the pursuit of transparency, the act stipulates that justices must deliberate on recusal motions, with their opinions made public. In instances of affirmative votes by the justices, a justice would be recused from a given case. Moreover, it mandates the IRS to perform swift audits on justices' tax returns, these findings and the returns themselves are to be publicly disclosed – a bold step forward in financial transparency for members of the highest court.
Prior to this sweeping call for reform, Wyden has made efforts to hold Supreme Court justices and the broader judicial system accountable with legislation aimed at overturning decisions that controvert the clear intent of Congressional laws as decided in the Loper Bright decision. Additionally, he has taken aim at the practice of "judge shopping," addressing concerns over biased judicial rulings and their wide-reaching consequences, according to Senator Wyden’s office.
