Senator Sheldon Whitehouse (D-RI) has stated that if Kamala Harris were to become president, she would support a Supreme Court reform bill he is pushing for. The Democratic presidential nominee and Vice President would likely back the bill which calls for an 18-year term limit on Supreme Court justices, while also establishing ethics and recusal rules. Whitehouse introduced such a bill last year as chairman of the Senate judiciary subcommittee on courts, proposing 18-year term limits with biennial presidential appointment patterns. If enacted, this would allow the president who takes office to replace Justice Clarence Thomas in 2025 and Chief Justice John Roberts in 2027.
During a panel at the Democratic National Convention (DNC), Whitehouse discussed this Supreme Court reform bill with Rep. Jamie Raskin (D-MD. The bill could pass by a simple majority if Democrats were to win the House, Senate, and White House. If enacted, it would be attached to an omnibus package that includes a national right to abortion and other top Democratic priorities.
Whitehouse explained that they are looking to get around the filibuster with this bill, as he stated that they wouldn’t want to give the Republicans multiple stalls or filibusters on this issue. The Democrats aim for a bill that addresses permanent reproductive rights, permanent restored voting rights, and getting rid of corrupting billionaire dark money alongside Supreme Court reform. Whitehouse said that if this kind of legislation were moving forward, it would have strong support.
President Joe Biden and Vice President Kamala Harris have called for an 18-year term limit on Supreme Court justices, and Whitehouse has stated that she would support his bill, despite some opposition from Republicans and even a few Democrats who argue that the legislation is unconstitutional. Legal scholar Adam White, whom Biden appointed to the Presidential Commission on the Supreme Court, wrote in July that any legislation purporting to strip individual justices of their duties would be unconstitutional.