Democrats are preparing to revive legislation to reform the Supreme Court after winning control of the House and Senate in the November 3 midterm elections, CBS News reported on Friday, November 6. The package under discussion includes ethics rules, limits on gifts, investigations into judicial misconduct, term limits for justices and expanding the bench.

Source: CBS News, as reported by Tipp Insights

The party is expected to hold at least 54 Senate seats and about 250 House members in the next Congress. The new Congress will be sworn in on January 3, 2027.

Who would lead it

House Democratic Leader Hakeem Jeffries, who is expected to become speaker in January, has identified judicial accountability as one of his priorities. In a letter announcing his bid for the speaker's gavel, he wrote: “We must root out corrupt price gouging, clean up the mess at the Supreme Court and ban Members of Congress from trading stocks.” In August, on NBC's Meet the Press, he called for “dramatic” reform of the court, and Representative Jamie Raskin is expected to lead the effort through the House Judiciary Committee.

Raskin is expected to chair the House Judiciary Committee, while Senator Sheldon Whitehouse of Rhode Island is expected to chair the Senate Judiciary Committee. The two meet monthly to plan, and Raskin has long advocated for expanding the court.

The proposals on the table

Ethics rules: the Court adopted its own code of conduct in November 2023, but Democrats want enforceable rules. Whitehouse reintroduced an ethics proposal in May 2025, and Raskin and Representative Alexandria Ocasio-Cortez of New York have proposed limiting gifts received by federal judges and Supreme Court justices to $50 in value. Investigations into judicial misconduct, including subpoenas of justices, are also planned.

Term limits: the Supreme Court Biennial Appointments and Term Limits Act, reintroduced in July 2026 by Senators Cory Booker, Sheldon Whitehouse, Richard Blumenthal and Alex Padilla, would impose 18-year terms, seat a new justice every two years and have only the nine most recently appointed justices hear most appeals.

Source: Office of Senator Cory Booker

Expansion: the Judiciary Act would grow the court from nine justices to 13. It was first introduced in April 2021, reintroduced in 2023, and Representative Al Green of Texas filed his own nine-to-13 bill this year. Supporters argue there are 13 federal appellate circuits, so there should be 13 justices. Representative Pramila Jayapal said on June 27 that House Democrats are “absolutely” discussing expansion.

Emergency orders: the Shadow Docket Sunlight Act, from Senators Dick Durbin and Richard Blumenthal with Representative Deborah Ross, and a companion package from Raskin introduced in May, would force the court to publish written reasoning and vote counts on emergency orders.

The obstacles

Most Senate legislation needs 60 votes to advance, while Democrats are expected to hold only 54 to 56 seats. Any approved measure would also need the signature of President Donald Trump. Put plainly: no expansion bill becomes law before January 2029 unless Republicans cross over in large numbers.

Republican objection: Senator Eric Schmitt of Missouri called the plan to subpoena justices “lawfare” and warned that it threatens the separation of powers. The term-limit and expansion bills would also be expected to face immediate constitutional challenges.

Source: Daily Signal, as reported by Wisevoter