Wyden’s proposed Judicial Modernization and Transparency Act would be the most significant effort in U.S. history to reshape the Court, which has faced declining approval ratings and increased scrutiny over ethical concerns. Under the proposal, the number of Supreme Court justices would expand from nine to 15, with nominations staggered over a 12-year period. New justices would be appointed within the first 120 days of the first and third year of a presidential term. The bill would also make it more challenging for the Supreme Court to invalidate an act of Congress, requiring a two-thirds majority of voting justices and a majority of all justices to do so. Additionally, a two-thirds vote of the Court could compel the recusal of a justice from a case. A key provision of the legislation mandates that the IRS audit each justice's tax returns after every filing, with the returns made public within 90 days. Every 180 days, the IRS would be required to update the public on the status of the audit and release the final findings. “The Supreme Court is in crisis and bold solutions are necessary to restore the public trust,” Wyden said. “More transparency, more accountability and more checks on a power-hungry Supreme Court are just what the American people are asking for.” Wyden’s legislation would also expand the number of federal appellate courts from 13 to 15 and reinstate the practice of assigning one Supreme Court justice to each circuit. It would create 62 new circuit court judgeships to reflect population growth across the U.S. In recent years, Democrats have expressed growing frustration with the Supreme Court, which currently has a 6-3 conservative majority, following decisions that have returned abortion to state legislatures, reinforced Second Amendment protections, and limited the authority of federal agencies. The Court has also been mired in controversy over the past year-and-a-half due to an investigation that purported to expose unreported financial gifts (which at the time received were not subject to disclosure laws) and calls for two justices to recuse themselves from upcoming cases over alleged controversies. Gallup polling shows the Court’s approval fell to its lowest point (40 percent) in September 2021 and has not risen above 43 percent since. Currently, there is a huge partisan split between Republicans and Democrats, with 66 percent of Republicans approving of the job the Court is doing, compared to just 15 percent of Democrats. Gallup says the 51-point gap between the two major parties is among the largest since they started the survey. The record is a 61-point gap, which occurred right after the Dobbs decision.Senator Ron Wyden (D-Ore.) has introduced legislation aimed at expanding the U.S. Supreme Court, expediting the judicial confirmation process, and increasing the Court's transparency.
