Senate Democrat Whitehouse to try again with long shot bill to reform Supreme Court, add term limits

Democrat Sen. Sheldon Whitehouse plans to try again to impose term limits on Supreme Court justices despite knowing the proposal has essentially no chance of passing under the current Republican-controlled Congress.

The Rhode Island lawmaker argues the effort will nevertheless help sustain public momentum for reforming the nation’s highest court.

Whitehouse's Supreme Court Term Limits and Regular Appointments Act, if passed, would establish staggered 18-year terms for future Supreme Court justices and overhaul the Court’s appointment process. 

The bill would require presidents to nominate two justices during the first and third years after each presidential election, creating a system of regularized appointments. After serving 18 years, justices would transition to senior status, while only the nine most junior active justices would participate in deciding cases.

The legislation would also significantly alter the Senate’s confirmation role. If the Senate failed to act on a Supreme Court nomination within 120 days, the nominee would automatically take office without Senate confirmation. The proposal would apply only to future appointees.

With Republicans controlling the White House, Senate, and House of Representatives, the legislation faces steep political obstacles. Congressional Republicans have consistently opposed proposals to restructure or otherwise reform the Supreme Court, making enactment highly unlikely.

Whitehouse nevertheless told Courthouse News that his goal extends beyond immediate legislative success.

“Keep trying the case with the public,” Whitehouse said, adding that future investigations into the Supreme Court could shift public opinion and eventually lead to broader bipartisan support. “I think then the tide will turn with respect to bipartisan understanding,” he said.

Whitehouse also suggested that meaningful progress on Supreme Court term limits would likely require a change in congressional leadership.

“There’s a pretty slim chance of Republicans going for it, since the same billionaires who captured the court also run their party,” he said.