'We Need Action': Ro Khanna Calls for Expansion of 'Morally Bankrupt' Supreme Court

With a right-wing supermajority controlling the US Supreme Court, and the recent ruling in Louisiana v. Callais yet again displaying the court's "war on constitutional democracy," as one legal expert put it, US Rep. Ro Khanna is pushing for Democrats to move with just as much certainty as the far-right justices as soon as the party is able to reform the court.

In a social media post Tuesday morning, Khanna (D-Calif.) suggested the Democratic Party has all the information it needs to take decisive action to rein in the court as soon as it controls the White House once again—instead of simply "exploring" the possibility of judicial reform.

"The next Democratic White House does not need a court reform commission like some college seminar," said Khanna, who has been named a potential 2028 presidential contender. "We need action. We need term limits for justices. We need to expand this morally bankrupt court from nine to 13."

Khanna is among the progressive lawmakers who have previously expressed support for replacing Supreme Court justices' lifetime appointments with term limits and for expanding the court, which polls have found the majority of Americans support.

The congressman's comments came three days after House Minority Leader Hakeem Jeffries (D-NY) was interviewed by Ali Velshi on MS NOW about the Democratic Party's plans to reform the federal government, should it retake the US House of Representatives and Senate after the November midterm elections and the White House in 2028.

Jeffries called for "nationwide judicial reform," without mentioning specific actions the party should take to reform the court following multiple corruption and ethics scandals involving right-wing Justices Clarence Thomas and Samuel Alito as well as rulings like Callais, which eviscerated Section 2 of the Voting Rights Act and cleared the way for Republican legislatures to redraw congressional maps and eliminate the electoral power of Black communities in the South and across the country.

The ruling of the supposedly nonpartisan high court appeared timed to allow the GOP to redraw districts before the midterms, maximizing their chances of winning seats.

"We are going to have to explore massive judicial reform, state by state and at the federal level, and everything should be on the table, as far as I'm concerned," said Jeffries.

Ahead of the Callais ruling late last month, the Brennan Center for Justice published a report on several actions Congress could take "to fix the Supreme Court," which currently "wields vast power with minimal accountability" and has the confidence of less than a quarter of Americans, according to polling. Lawmakers, said the group, should take actions including:

• Enacting 18-year term limits for Supreme Court justices as well as a system of regular appointments, allowing each president to name two justices per term and "infusing the institution with fresh perspectives and lowering the stakes of each confirmation process, all while enhancing the democratic link between the court and the public";
• Requiring justices to abide by a binding code of ethics, similar to those that guide every other court in the US, instead of a voluntary code that was adopted in 2023 after outcry over several ethics scandals;
• Curbing abuses of the court's "shadow docket," which the Trump administration has asked justices to use dozens of times to intervene in lower court rulings in order to protect its own political agenda from legal rulings; and
• Allowing cameras in the courtroom in "an important step toward transparency" that would "help Americans better understand how the court reaches decisions that affect their lives."

Advocacy groups including Demand Justice have called for expanding the court from nine to 13 seats, a move that the group says is "straightforward, constitutional, and grounded in history," with Congress having changed the number of justices that sit on the court six times in the past. A number of Democratic lawmakers have expressed support for court expansion, and former President Joe Biden convened a commission to study reforms in 2021.

At The Guardian on Tuesday, Austin Sarat, a professor of jurisprudence and political science at Amherst College, recalled the historian Henry Steele Commager's 1943 warning that the Supreme Court "had never been a friend to US democracy, and it never would be."

"For anyone committed to the advancement of majority rule, he added, judicial review 'is wrong in theory and dangerous in practice,'" wrote Sarat, who said the Callais ruling put the danger Commager warned of "on full display"—as have a number of rulings since the court allowed unlimited corporate spending on elections in 2010 with its Citizens United ruling.

"Commager would not have been surprised by what has unfolded since 2010, but he would have warned Americans against despair," wrote Sarat. "He would want us to get busy trying to save what is left of our democracy by using our votes and our voices. There is no time to waste."