It’s time for Supreme Court term limits

Stafani Reynolds/Contributor

The growing number of ethics scandals involving the justices highlight the need to reform the Supreme Court. Not only do the justices require a binding code of ethics, but their close ties with wealthy special interests underscore their elite and unaccountable position — a status quo that harms our democracy. Ending lifetime appointments to the Supreme Court is a solution that enjoys broad, bipartisan support. A new Brennan Center report proposes establishing 18-year terms of active service and regularized appointments, which would help make the Court more reflective of the public it serves while preserving judicial independence.

Victory for Checks and Balances

Last week, the Supreme Court rejected the “independent state legislature theory,” a radical misreading of the Constitution that would have undermined our system of checks and balances and upended our elections. The decision is a crucial win for democracy that reaffirms state courts’ ability to curb extreme partisan gerrymanders and other abuses by state legislatures. But it doesn’t undo the significant harm the Court has done to voting rights and fair elections over the past two decades — we still need Congress to shore up federal protections.

A Dark Decade for Voting Rights

June marked 10 years since the Supreme Court’s decision in Shelby County v. Holder gutted a crucial provision of the Voting Rights Act that helped prevent states from passing racially discriminatory voting laws. Without that protection, at least 29 states have passed 95 restrictive voting laws in the last decade. A number of those laws could have been blocked prior to Shelby County, and there’s no telling how many other laws would never have been introduced if state legislators hadn’t been emboldened by the Court’s actions.

The legislation has disproportionately impacted people of color, with a new Brennan Center analysis showing that in the wake of the ruling, the gap between Black and white voter turnout has widened in Alabama and other states with histories of racial discrimination in voting. The effects of Shelby County make clear that federal legislation is needed to fulfill the Constitution’s promise of a right to participate in elections free from discrimination.

Unexpected Multiracialism in Far-Right Groups

Many are surprised to learn about the small but perplexing minority of Latinos who are involved in white supremacist groups despite being targets of racist hatred themselves. In a new Q&A, former FBI agent Michael German, who infiltrated white supremacist groups in the 1990s, discusses what drives this unexpected phenomenon and how it complicates government efforts to respond to domestic terrorism threats.

An Antidote to Big Money in Politics

Small donor public financing has emerged as a powerful solution to combat the outsize influence of wealthy donors in elections. These programs incentivize candidates to rely on support from constituents rather than special interests, giving ordinary Americans a stronger voice in politics. A Brennan Center explainer walks through how these popular programs work, their benefits, and the states and localities that have adopted them so far.

Reining In Homeland Security Investigations

A Brennan Center report sheds light on the urgent need for the Biden administration and Congress to rein in a powerful agency that often flies under the radar: Homeland Security Investigations. Our multiyear study finds that this branch of U.S. Immigration and Customs Enforcement has operated with little scrutiny and few clear safeguards, leading to abuses of authority and controversial practices. HSI requires public guidelines and substantive oversight to make sure it operates with integrity and respects civil rights and liberties.