The Time Has Come To Reform The Supreme Court

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The Heritage Foundation has vowed to go to federal court to stop Democrats’ nomination of Vice President Kamala Harris. Silly political bluster, of course. But it’s another reminder of how important the Supreme Court has become as a politicized institution and an influencer of elections.

Court reform is an issue whose time has come. The Brennan Center has pursued changes for years, and we’re very pleased to report that our work will gather new intensity. Today we launched the Kohlberg Center on the U.S. Supreme Court, a major new initiative to concentrate our efforts. We’re establishing it thanks to the generosity of Jim Kohlberg, a businessman and philanthropist, who has pledged $30 million for a long-term investment in this work. It is a remarkable and farsighted commitment.

Term limits are just a start. Last year, to deflect rising criticism, the Supreme Court adopted its first code of conduct. But it’s an unenforceable sham that the Court disingenuously said was only to clear up the public’s “misunderstanding.” There was never a misunderstanding. The justices have proved that they can’t police themselves — the public can see that — and that the Court needs clear and enforceable rules.

These reforms have wide backing from the public because they are not part of the partisan push and pull. They speak to a fundamental belief in the rule of law, commitment to the Constitution, and the need for an independent judiciary to protect all our rights. Something has gone awry in the highest court in the land. The Kohlberg Center, which will draw on the talent of today’s Brennan Center staff and enlist experts from around the country and across the political spectrum, will be part of our contribution to setting things right.