Senator Whitehouse aims to keep Supreme Court ethics conversation alive with term limits bill

WASHINGTON (CN) — Rhode Island Senator Sheldon Whitehouse defended Wednesday his plan to reintroduce a bill that would set term limits for justices of the U.S. Supreme Court, arguing the doomed measure would nonetheless keep the public spotlight on reforming the high court.

And the top Senate Democrat — eyeing the Senate Judiciary Committee gavel should his party wrest control of the upper chamber come November — suggested Democratic control of Congress could give him the opportunity he needs to get such a measure across the finish line.

Whitehouse is expected to formally reintroduce his Supreme Court Term Limits and Regular Appointments Act, a bill that if made law would, among other things, introduce staggered, 18-year term limits for new justices appointed to the bench. The proposed legislation would also allow the Senate to waive its historical “advice and consent” power over Supreme Court nominees.

Under a Republican governing trifecta in the House, Senate and White House, it’s highly unlikely the Rhode Island Democrat will successfully enact term limits at the Supreme Court, given the GOP’s broad criticism of court reform efforts. But Whitehouse told Courthouse News on Wednesday that his bill was less about legislative outcomes and more about keeping the issue of term limits top of mind for the American public.

“Keep trying the case with the public,” Whitehouse said of his strategy, adding that if the Senate eventually had the opportunity to conduct “meaningful investigations” into the Supreme Court, it might change some minds.

“I think then the tide will turn with respect to bipartisan understanding,” he argued.

But Whitehouse appeared to acknowledge that any real movement on limiting the terms of Supreme Court justices would require a change in leadership on Capitol Hill. “There’s a pretty slim chance of Republicans going for it, since the same billionaires who captured the court also run their party,” he pointed out.

The Rhode Island Democrat has for years been one of the leading voices in the Senate for what he’s framed as much-needed reforms to an ethically questionable high court. Under the Biden administration, he offered legislation that would have forced the justices to develop a binding code of ethical conduct in the public eye. He’s also repeatedly proposed bills to term-limit the court, making his latest overture last year.

Even under Democratic leadership, however, Supreme Court reform legislation failed to get the necessary support.

Still, Whitehouse has long been optimistic about his chances. The senator told Courthouse News in an interview ahead of the 2024 election that he thought Democrats could get “quite a lot” done in the Senate minority, pointing to his time as a top lawmaker on the Senate Judiciary Committee under the late South Carolina Senator and one-time panel Chairman Lindsey Graham.

“This was by virtue of persistence,” Whitehouse said at the time.

The Rhode Island senator’s proposed term limits legislation would allow the next president to nominate two new Supreme Court justices in the first and third years after a presidential election. Under the law, only the nine most junior justices on the bench would rule on cases — and after a term of 18 years, a justice would be deemed retired.

None of the nine current justices would be covered by the proposed bill’s provisions.

Whitehouse’s measure would also establish new limits on Senate review of Supreme Court appointments. According to the legislation, nominees would be allowed to skip the confirmation process if Senate lawmakers take no action for 120 days after they are appointed. Justices who don’t have to submit to the Senate process would be immediately seated on the bench after that period.

Democrats have urged reforms at the Supreme Court since 2023, when reports emerged that Justice Clarence Thomas had failed to publicly disclose high-value gifts and other hospitality lavished on him by conservative billionaires. Others on the bench, such as Justice Samuel Alito, were caught up in the intense ethics scrutiny that followed.

Under pressure from the public, advocates and Congress, the Supreme Court agreed to adopt a code of ethical guidelines signed by all nine justices. But critics have long pointed out that the agreement lacks any enforcement mechanism.

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