Dear John,

In an era of billionaire donor scandals and far-right entrenchment which does not reflect the views of the country, how do we restore legitimacy to the Supreme Court?

First this MAGA-friendly court delays Trump’s insurrection trial by taking up the frivolous question of presidential immunity, rather than accepting the airtight decision by the three-judge district court.

Then it avoids ruling on Trump’s eligibility under the 14th Amendment while keeping Trump on the Colorado ballot.

Meanwhile, compromised Justice Clarence Thomas refuses to recuse himself from either case, despite his wife’s support for the January 6 insurrection. “Help this Great President stand firm!” she texted Chief of Staff Mark Meadows, as insurrectionists attacked Capitol Police with bear spray, sharpened flag poles, and their own police shields and taser guns.

Clearly, the time has come for an overhaul.

One strong proposal is Rep. Hank Johnson’s Supreme Court Tenure Establishment and Retirement Modernization (TERM) Act, which would limit justices to 18-year terms. Vacancies would be filled once every two years, at the start of each congressional term.

Let’s pressure Congress to pass the TERM Act now! Send your direct message by signing a pre-written letter, or write your own, by clicking here.

Under the TERM Act system, Donald Trump would not have been able to appoint the three extreme far-right justices who overturned Roe v. Wade at the first opportunity. Barack Obama could have appointed four justices instead of only two during his 8 years in office, and today we could have a 6-9 liberal court including two Biden appointees and the most recent of Bush’s two picks.

Over two-thirds of Americans -- including Democrats, independents, and Republicans -- have supported Supreme Court term limits in dozens of polls since 2014.

When openings occur more predictably, there would be less incentive for an opposition party to hold up a nomination, as there would be ample time for the vacancy to be filled during the two-year congressional term. Nor would there be a lightning-quick rush to confirm an extra presidential pick in just 30 days, as happened with Amy Coney Barrett.

18-year terms are consistent with the court’s history, as over the last 234 years, the average has been two openings per presidential term, and the end result would still be a nine-judge panel as we have today -- but those nine judges would reflect an ideological balance of the nation’s elected presidents over the previous four-and-a-half terms.

Meanwhile, fresh faces on the court will enable more diverse representation. Currently, all but one justice studied law at Harvard or Yale. Term limits could help bring in the first Asian, Indigenous, and openly LGBTQ+ justices.

The Supreme Court is in immediate need of reform. Send a letter to your congressperson and tell them to co-sponsor and pass Rep. Hank Johnson’s TERM Act!

Thank you for working to bring better balance to the Supreme Court.

Robert Reich
Inequality Media Civic Action