Americans disapproving of its performance and only thirty-seven percent approving—an all-time low.[41]
A. The Commission’s Process and Scope of Analysis
In considering the current reform debate, the Commission held six public meetings; heard oral testimony from forty-four witnesses; and received written statements from numerous additional experts and organizations, as well as more than 7,000 submissions in the form of public comment. The views expressed regarding the need for Court reform and evaluating proposals for such reform were wide-ranging and diverse.
Informed by that material and the broader public debate, the Commission divided its work into five parts: one devoted to providing a historical background and the other four devoted to analyzing the major categories of reform proposals.
- The history of Supreme Court reform debates and proposals. Debates about whether and how to adjust the size, role, and operation of the Supreme Court are as old as the Court itself. To put the present reform debates in context, in Chapter 1 we provide a historical overview of past efforts in favor of and opposed to Supreme Court reform.
- The size and composition of the Court. One prominent proposal would increase the number of Justices who sit on the Court. Other proposals suggest reorganizing the membership of the Court—for example, by having cases decided by panels instead of the entire Court, or by periodically rotating other Article III judges onto the Supreme Court. We address these proposals in Chapter 2.
- The Justices’ tenure. Justices currently serve “during good Behavior,” meaning for life, unless they voluntarily leave the Court or are impeached and removed from office. Another prominent proposal would limit the length of time that Justices serve on the Court and, relatedly, would define the intervals at which Justices are appointed. We consider these term-limits proposals in Chapter 3.
- The powers of the Court and its role in the constitutional system. Another set of proposals seeks to disempower the Court in relation to the political branches, particularly to limit the Court’s power to declare legislative acts unconstitutional. This category includes modifying the Court’s jurisdiction, as well as changing the Court’s20 | December 2021
