Foundation I: Accountable Power

Courts & Judicial System

★ ★ ★

Define how courts operate, how judges are selected and constrained, and how interpretation of law and rights is governed, ensuring the judiciary remains independent, accountable, ethically bound, and structurally designe

26Total Positions
0Active
0Partial
26Proposed
Development Status
🔴 Needs Expansion
Structural narrative developed; position count limited; court reform proposals need fuller development
⚠ Content Gap: Only 8 policy positions across all reform areas — interpretive standards, venue reform, and oversight mechanisms need detailed policy implementation rules
✓ Added: JUD-LGO family (7 positions): Congressional supermajority override, jurisdiction stripping, precedent supermajority, independent enforcement office, amicus disclosure, judiciary diversity, ALJ independence
⚠ Content Gap: No citations supporting claims about Supreme Court approval ratings, confirmation stakes, or judicial dysfunction — empirical data needed

Purpose

Define how courts operate, how judges are selected and constrained, and how interpretation of law and rights is governed, ensuring the judiciary remains independent, accountable, ethically bound, and structurally designed to uphold rights rather than undermine them.

Core Principle

The judiciary must be independent, accountable, ethically bound, and structurally designed to uphold rights, not undermine them. Courts exist to protect constitutional principles and individual rights, not to impose ideological preferences or partisan outcomes.

The Problem It Solves

The federal judiciary, particularly the Supreme Court, has accumulated immense power without corresponding accountability mechanisms. Lifetime appointments create incentives to appoint the youngest possible ideologues who will shape law for 30-40 years. No binding ethics code governs Supreme Court justices, enabling conflicts of interest, undisclosed gifts, political activities, and spouse involvement in cases without consequence[1]. Interpretive methodologies like strict textualism are weaponized to ignore legislative intent and dismantle established rights. Recent Supreme Court decisions—overturning Roe v. Wade in Dobbs, granting broad presidential immunity, gutting the Voting Rights Act, eliminating affirmative action, expanding gun rights while restricting regulatory authority—demonstrate a court willing to overturn precedent and impose ideological outcomes with sweeping consequences[2]. Venue shopping allows plaintiffs to select sympathetic judges for nationwide injunctions. Recusal standards are voluntary and unenforceable, with justices deciding their own conflicts. The result is a judiciary that operates more as a partisan super-legislature than an independent arbiter of law.

Key Reform Areas

Supreme Court Term Limits

18-year staggered terms to ensure regular turnover, eliminate strategic retirement timing, reduce confirmation stakes, and address age-related decline without voluntary retirement

Court Size Protection

Supreme Court size fixed by constitutional amendment or supermajority statute; lower federal court expansion to reduce backlog; structural reform addresses both court-packing risk and access-to-justice failures

Nomination and Confirmation Reform

Senate must act on nominees within 90 days (automatic confirmation default); merit-based screening commissions provide public recommendations; nominees disclose financial interests and prior positions before confirmation

Binding Judicial Ethics Code

Enforceable ethics requirements for all federal judges including Supreme Court; covering financial conflicts, gifts, political activity, recusal standards, family involvement; real enforcement mechanisms with consequences

Mandatory Recusal Standards

Clear, enforceable triggers for recusal based on financial interest, family involvement, prior participation, or public prejudgment; independent review of recusal decisions; penalties for refusing appropriate recusal

Shadow Docket Reform

Emergency orders without full briefing require supermajority and written justification; nationwide injunctions from single district judges subject to expedited 30-day appellate review

Interpretive Standards Reform

Courts must consider intent, context, and purpose alongside text when interpreting laws, especially rights-related laws; limits on strict textualism as tool to subvert clear legislative meaning; encouragement for Congress to include plain-l

Venue Reform and Random Assignment

Require substantive local connection for venue; mandatory random case assignment enforced by automatic reassignment; limit nationwide injunctions from single district judges; expedited appellate review for national-scope orders

Judicial Oversight Mechanisms

Independent bodies to investigate ethics complaints, review recusal decisions, and enforce conduct standards; transparency requirements for financial disclosures and reasoning in opinions; public records of judicial decision-making

Design Logic — How These Positions Work Together

This pillar addresses judicial dysfunction through four mechanisms: structural reform (term limits to end lifetime appointments), ethical enforcement (binding codes with real penalties), interpretive standards (requiring consideration of intent and context, not just text), and procedural improvements (venue reform, mandatory recusal standards, transparency).

Term limits for Supreme Court justices (18-year staggered terms frequently discussed) solve multiple problems simultaneously: eliminate strategic retirement timing, reduce confirmation stakes, ensure regular turnover that reflects democratic change, discourage appointing extremists who will serve for decades, and address age-related decline without relying on voluntary retirement. The same logic applies to lower federal judges, though implementation details differ.

Ethics reform establishes binding codes applicable to all federal judges including Supreme Court justices. Current "ethics standards" for the Supreme Court are voluntary, unenforceable, and routinely ignored. Binding codes would cover: financial conflicts and disclosure, gifts and outside income, political activities and public statements, recusal requirements, spouse and family involvement in cases before the court, transparency of financial arrangements, and enforcement mechanisms with real consequences (censure, removal from cases, potential impeachment for egregious violations).

Interpretive standards address the weaponization of textualism to ignore legislative intent. Strict textualism claims to interpret only the text as written, ignoring context, purpose, or consequences. In practice, this becomes a tool to undermine laws by reading them in the most narrow, literal way regardless of obvious legislative intent. The reform requires courts to consider intent, context, and purpose alongside text — not ignoring text, but not weaponizing selective literalism to subvert clear meaning. It also encourages Congress to include plain-language intent statements in legislation, creating an explicit interpretive record.

Important constitutional limitation: Congress's power to prescribe interpretive rules is strongest for statutory interpretation — courts have long followed Congressional guidance on how to read statutes (see the Dictionary Act, 1 U.S.C. § 1). However, Congress cannot mandate how courts interpret the Constitution itself — that falls within the exclusive domain of the judicial branch under Article III. JUD-INT-001 and JUD-INT-002 as written apply to statutory interpretation, which is within Congress's legitimate authority. JUD-INT-003 (requiring Congress to include plain-language intent statements in bills) is the most constitutionally sound approach and is independently valuable regardless of any mandate on courts. The platform does not claim Congress can overrule constitutional interpretation — it asserts only that courts interpreting statutes should not weaponize a single methodology to subvert the clear purpose of laws Congress enacted.

Venue reform prevents judge shopping. Current rules allow plaintiffs to file cases in any district with minimal connection, enabling selection of single sympathetic judges (often ideologically aligned or appointed by same party) who then issue nationwide injunctions affecting the entire country based on one judge's view. Reform would require substantive local connection for venue, limit or eliminate nationwide injunctions from single district judges, or require multi-judge panels for cases with national scope.

Recusal standards make conflict-of-interest rules mandatory and enforceable. Currently justices decide their own recusal with no review or consequence for refusing. Reform would establish clear, mandatory recusal triggers (financial interest, family involvement, prior participation in case, public statements indicating prejudgment) with independent review mechanisms and enforcement.

Rules are organized by family: ethics (ETH) for conduct and accountability codes, integrity (INT) for interpretive standards ensuring legal reasoning serves justice rather than ideology, oversight (OVR) for mechanisms ensuring accountability, records (REC) for transparency and recusal documentation, venue (VEN) for procedural reforms preventing judge shopping and requiring random case assignment, size (SIZ) for court structure reform including term limits and lower court expansion, nomination (NOM) for confirmation process reforms, and shadow docket (SHD) for emergency procedure and nationwide injunction constraints.

Full Policy Platform

Every rule in this pillar, organized by policy area. Active rules are current platform commitments. Partial rules are in development. Proposed rules are planned for future inclusion.

ETH Judicial Ethics 0/4 active
CORT-ETHL-0001 Proposed

Supreme Court term limits

This position requires a constitutional amendment to establish term limits for Supreme Court justices. Term limits would prevent justices from serving for 30 or 40 years and ensure regular, predictable turnover on the Court.

Establish term limits for Supreme Court justices through constitutional amendment — the intended vehicle, not a workaround. A constitutional amendment is the right approach for the same structural reason the Sixteenth Amendment was needed to authorize income taxation: it settles the question permanently, beyond legal challenge and beyond simple-majority statutory reversal. This is a feature of the platform, not a gap to be explained away. Multiple specific term lengths have been seriously proposed and have scholarly and legislative support: 12-year terms (advocated by some as sufficient for regular turnover without sacrificing continuity), 15-year terms (proposed as a middle ground), and 18-year staggered terms (the most widely circulated proposal, providing two appointments per presidential term). The 18-year figure is not uniquely established as correct — it reflects a judgment that two appointments per term creates predictable rotation without churn so rapid that continuity suffers. Scholars Steven Calabresi and James Lindgren's empirical study concluded that average Supreme Court tenure had grown dramatically over the 20th century and that staggered 18-year terms would produce a well-functioning, regularly renewed court.[5] The Supreme Court Tenure Establishment and Retirement Modernization Act (TERM Act), introduced in multiple Congresses with broad co-sponsorship, proposes 18-year terms with senior-status rotation to other federal courts thereafter. Fix the Court, the judicial reform advocacy organization, has documented the escalating confirmation stakes of lifetime appointments and actively advocates for term limits as a structural fix.[7] Each presidential term would include two Supreme Court appointments, creating predictable and regular turnover. This eliminates strategic retirement timing, reduces confirmation stakes, ensures court composition gradually reflects democratic change, and addresses age-related decline without relying on voluntary retirement. Appointments remain secure (18 years exceeds most legal careers) while preventing single presidents from dominating the court for generations. May extend to lower federal court judges with different term lengths appropriate to those positions.

CORT-ETHL-0002 Proposed

Judicial ethics code

This position creates a binding ethics code for all federal judges, including Supreme Court justices. The code would cover financial conflicts, gifts, political activities, and recusal requirements, with real enforcement mechanisms to hold judges accountable for ethical violations.

Establish binding, enforceable code of ethics applicable to all federal judges including Supreme Court justices. Must cover: financial conflicts and mandatory disclosure, gifts and outside income from interested parties, political activities and public statements, recusal requirements for conflicts, spouse and family involvement in cases, transparency of financial arrangements, and enforcement mechanisms with real consequences. Currently Supreme Court operates under voluntary guidance without enforcement, resulting in undisclosed gifts, financial conflicts, family member political activity in related cases, and refusal to recuse without consequence[1]. Binding code establishes baseline ethical standards comparable to those governing all other public officials and federal judges, with enforcement through ethics investigations, public censure, removal from specific cases, and potential impeachment for egregious violations.

CORT-ETHL-0003 Proposal
🔵 Proposal — Under Review

Establish an independent Judicial Conduct Commission with binding investigative and enforcement authority over all federal judges, including Supreme Court justices

This position establishes an independent commission with the power to investigate and enforce ethics rules for all federal judges, including Supreme Court justices. The commission would ensure judges cannot simply ignore ethics violations without consequences.

The Supreme Court operated for 234 years without a binding code of conduct. The code adopted in November 2023 — the first in the Court's history — contains no independent investigative authority, no enforcement mechanism, and no penalty for violations beyond the justice's own voluntary compliance.[1] Self-enforcement of an ethics code is a structural contradiction: the same institution that commits a potential violation decides whether a violation occurred. Between 2004 and 2023, Justice Clarence Thomas accepted undisclosed gifts, travel, and real estate transactions from Republican megadonor Harlan Crow totaling over $4 million in estimated value — including a transaction in which Crow purchased the home of Thomas's mother — while declining to recuse himself from cases with documented financial connections to his benefactors.[2] Justice Samuel Alito accepted undisclosed luxury travel from hedge fund operator Paul Singer while Singer's fund had interests before the Court, and did not recuse.[3] The Supreme Court Ethics, Recusal, and Transparency Act (S. 359, 118th Congress) would require the Judicial Conference to create a complaints mechanism and a binding code covering all federal judges.[4] This platform supports S. 359 as a minimum floor and further supports creation of a fully independent Judicial Conduct Commission with: (a) investigative authority independent of the Judicial Conference, with subpoena power to compel financial records from third parties; (b) mandatory recusal authority — the power to order a justice's recusal from specific cases when documented financial conflicts exist; (c) authority to refer egregious, documented violations to Congress for impeachment consideration with a written public report; (d) criminal referral authority to the Department of Justice for willful non-disclosure of financial interests required by federal statute. Article III independence protects judicial decisions from political interference; it does not grant immunity from accountability for financial corruption.

  1. Supreme Court of the United States. (2023, November 13). Code of conduct for Justices of the Supreme Court of the United States. https://www.supremecourt.gov/about/Code-of-Conduct-for-Justices.pdf
  2. Kaplan, J., Elliott, J., & Mierjeski, A. (2023, April 6). Clarence Thomas and the billionaire. ProPublica. https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-harlan-crow
  3. Elliott, J., Kaplan, J., & Mierjeski, A. (2023, August 10). Samuel Alito took luxury fishing vacation with GOP donor who later had cases before the court. ProPublica. https://www.propublica.org/article/samuel-alito-luxury-fishing-trip-paul-singer-scotus-supreme-court
  4. Supreme Court Ethics, Recusal, and Transparency Act, S. 359, 118th Cong. (2023). https://www.congress.gov/bill/118th-congress/senate-bill/359
CORT-ETHL-0004 Proposal
🔵 Proposal — Under Review

Mandatory financial disclosure for Supreme Court justices equivalent to STOCK Act standards — covering all hospitality, travel, gifts, real estate transactions, and outside income

This position requires Supreme Court justices to publicly disclose all gifts, travel, hospitality, real estate deals, and outside income using the same standards that apply to members of Congress. Transparency helps the public identify conflicts of interest.

The Stop Trading on Congressional Knowledge Act (STOCK Act) imposes specific financial disclosure requirements on Members of Congress and senior executive branch officials, including reporting of securities transactions within 30 days.[1] No comparable statute imposes equivalent disclosure standards on Supreme Court justices. Justices file annual financial disclosure reports under the Ethics in Government Act, but these reports have not historically required disclosure of third-party-funded hospitality, travel to speaking engagements and seminars, real estate transactions involving family members, or speaking fees and educational honoraria from institutions with interests before the Court. The gap between what the law requires and what justices accepted without disclosure runs to tens of millions of dollars across multiple justices over two decades, as documented by ProPublica's multi-year investigative series.[2] Fix the Court has catalogued undisclosed benefits — travel, gifts, and outside income — across multiple current justices.[3] Mandatory disclosure covering the following categories must apply to all Supreme Court justices by statute, filed annually within 30 days of year-end and posted publicly: (a) all travel funded by any non-governmental person or entity, including transportation, lodging, and meals, with aggregate value above $50; (b) all gifts from any single source with combined annual value exceeding $50; (c) all real estate purchases, sales, transfers, or refinancings, including transactions involving immediate family members' property in which the justice has any beneficial interest; (d) all speaking fees, book advances and royalties, teaching honoraria, and consulting income; (e) all paid memberships in organizations or educational programs. Material omission or non-disclosure constitutes a federal ethics violation subject to civil penalty and independent investigation. The STOCK Act's enforcement infrastructure provides a ready model; a SCOTUS disclosure statute should cross-reference STOCK Act enforcement mechanisms and apply the same penalties for willful non-compliance.

  1. Stop Trading on Congressional Knowledge Act of 2012, Pub. L. No. 112-105, 126 Stat. 291 (2012). https://www.congress.gov/112/plaws/publ105/PLAW-112publ105.pdf
  2. Kaplan, J., Elliott, J., & Mierjeski, A. (2023, April 6). Clarence Thomas and the billionaire. ProPublica. https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-harlan-crow
  3. Fix the Court. (2023). Supreme Court justices' undisclosed travel, gifts, and outside income. Fix the Court. https://fixthecourt.com/fix/financial-disclosure/
INT Judicial Integrity and Interpretation 0/3 active
CORT-INTL-0001 Proposed

Require intent-based interpretation

This position requires courts to consider what Congress intended when it passed a law, not just the dictionary definition of the words. It prevents judges from ignoring obvious legislative purpose to reach outcomes they prefer.

Courts must consider legislative intent, context, and purpose alongside statutory text when interpreting laws. Prohibits using strict textualism to ignore obvious legislative intent or reach absurd results. Does not ban consideration of text or require ignoring plain language, but prevents weaponization of selective literalism to subvert clear meaning. Particularly important for rights-related laws where narrow textualism has been used to dismantle protections. Courts should interpret statutes honestly to serve their purpose, not use interpretive methodology as tool to impose ideological outcomes.

CORT-INTL-0002 Proposed

Limit strict textualism

This position limits the use of strict textualism, a method where judges claim to read only the text of a law while ignoring its purpose or context. In practice, strict textualism is often used selectively to justify predetermined outcomes.

Strict textualism claims to interpret only statutory text while ignoring context, purpose, legislative history, or consequences. In practice this becomes tool for results-oriented judging: selectively reading text narrowly to reach preferred outcomes, using dictionary definitions from different eras to support conclusions, and claiming consideration of purpose is "activism." This rule limits use of strict textualism to undermine clear legislative intent. Requires courts to use multiple interpretive tools: text, intent, context, purpose, consequences, and common sense. When text and obvious intent conflict due to drafting imperfection, courts should not weaponize the gap to subvert the law's purpose. Goal is honest interpretation serving justice.

CORT-INTL-0003 Proposed

Require plain-language intent in laws

This position encourages Congress to include plain-language statements in every law explaining what problem it solves and what it is supposed to achieve. These statements make it harder for judges to distort the law's meaning through selective interpretation.

Encourage or require Congress to include plain-language intent statements in legislation explaining: what problem the law addresses, what outcome it seeks to achieve, how provisions should be interpreted to accomplish purpose, and what interpretations would subvert the law's intent. Creates explicit interpretive record making bad-faith distortion harder. Does not bind courts to follow Congress's preferred interpretation (separation of powers) but provides authoritative statement of legislative purpose rather than forcing courts to reconstruct intent from scattered sources. Makes honest interpretation easier and dishonest interpretation more visible.

OVR Judicial Oversight 0/1 active
CORT-OVRG-0001 Proposed

Judicial oversight mechanisms

This position establishes independent oversight of judicial conduct, including conflicts of interest and ethical violations. Oversight focuses on unethical behavior, not legal decisions, preserving judicial independence while ensuring accountability.

Establish independent oversight for judicial conduct without undermining judicial independence on legal decisions. Key distinction: judges cannot be punished for legal decisions (even unpopular or wrong ones, reversible on appeal); but judges must be accountable for unethical conduct, conflicts of interest, bias, or abuse of office. Mechanisms include: independent inspector general or ethics office to investigate conduct complaints, transparent process for reviewing ethics concerns with public documentation, power to recommend sanctions (censure, fine, removal from specific cases), and clear distinction between reviewable conduct (ethics, conflicts, bias) versus protected judicial decisions (legal interpretations, rulings). Preserves judicial independence while ending ethical impunity.

REC Records and Recusal Standards 0/1 active
CORT-RECS-0001 Proposed

Strong recusal standards

This position establishes mandatory and enforceable rules requiring judges to recuse themselves when they have a financial interest in a case, when close family members are involved, or when they have made public statements showing bias. Self-enforcement of recusal is prohibited.

Establish mandatory, enforceable recusal standards for all federal judges including Supreme Court justices. Clear triggers requiring recusal: direct financial interest in outcome, immediate family member with financial or professional interest, prior participation in case (as attorney, consultant, lower court judge), public statements indicating prejudgment on specific legal issue, receipt of substantial gifts or payments from parties or their representatives, or reasonable appearance that impartiality is compromised. Independent review mechanism to assess contested recusal decisions with public documentation of basis for recusing or declining. Consequences for inappropriate refusal to recuse include reversal on appeal, public censure, and potential disciplinary action for repeated violations. Ends current system where justices decide their own conflicts with no review or consequence, resulting in judges hearing cases involving their financial interests, their family members' political activities, or issues where they've publicly prejudged the outcome.

VEN Venue Reform 0/2 active
CORT-VENS-0001 Proposed

Prevent judge and venue shopping

This position prevents plaintiffs from shopping for friendly judges by filing lawsuits in distant districts with minimal connection to the case. It requires plaintiffs to demonstrate a real local connection to the venue they choose.

Reform venue rules to prevent forum shopping for sympathetic judges who issue nationwide injunctions. Current practice allows plaintiffs to file in any district with minimal connection, enabling strategic selection of single ideologically aligned judges who then block national policies through nationwide injunctions. Reform would: require plaintiffs to demonstrate substantial local connection to chosen venue (actual localized harm or substantial local operations, not just theoretical possibility of harm); limit geographic scope of district court injunctions to the affected district or circuit (not nationwide from single judge); or require multi-judge panels for cases seeking nationwide relief. Preserves access to courts for genuine local claims while preventing strategic judge shopping for nationwide policy blockades. Addresses immigration, environmental, healthcare, and election law cases being blocked nationwide by single district judges in carefully chosen venues.

CORT-VENS-0002 Proposed

Mandatory random case assignment; forum shopping prohibited

This position requires federal courts to randomly assign judges to cases, eliminating the ability to predict or target a specific judge. If a case violates random assignment rules, it is automatically transferred to a different judge.

Random case assignment must be mandatory for all federal courts; judge selection by forum shopping is prohibited and enforceable by automatic reassignment.

Extends venue reform from the question of where to file to the question of which judge is assigned. Mandatory random assignment eliminates the ability to predict or target a specific judge within a district by manipulating filing timing or location. Automatic reassignment as the enforcement remedy ensures the rule has teeth: a case filed in violation of random-assignment requirements is transferred rather than dismissed, preventing plaintiffs from benefiting from strategic filing while preserving their underlying right to litigate.

SIZ Court Structure Reform 0/4 active
CORT-SIZS-0001 Proposed

Supreme Court size set by constitutional amendment or supermajority statute

This position requires any change to the size of the Supreme Court to be approved either by constitutional amendment or by a two-thirds supermajority vote in Congress. This prevents a simple majority from packing the Court for partisan advantage.

Supreme Court size must be set by constitutional amendment or supermajority statute to prevent partisan court-packing by simple majority.

The Constitution does not specify the number of Supreme Court justices; Congress has changed it seven times. A simple-majority Congress can pack the court, and the only deterrent is political cost. Requiring a constitutional amendment or supermajority statute to change court size raises the threshold above what any single governing coalition can achieve unilaterally, protecting the court's structural legitimacy from the most extreme form of partisan manipulation while preserving the democratic ability to adjust court structure through genuine consensus.

CORT-SIZS-0002 Proposed

18-year staggered terms for Supreme Court justices

This position establishes 18-year terms for Supreme Court justices, with each president appointing one justice every two years. Staggered terms ensure regular turnover and prevent random vacancies from turning into generational political battles.

Supreme Court justices serve 18-year staggered terms, with each president appointing one justice per 2-year presidential term.

Lifetime appointment plus modern life expectancy creates 30-40 year judicial careers, turning each vacancy into a generational stakes event and incentivizing the appointment of the youngest possible ideologues. Staggered 18-year terms ensure regular, predictable turnover; each president makes two appointments per term regardless of vacancy timing; no single president can dominate the court for a generation; and strategic retirement timing becomes significantly less important. The court still evolves slowly — a feature, not a bug — but the ideology of any given appointment cohort cannot lock in outcomes for 40 years.

CORT-SIZS-0003 Proposed

Lower federal court expansion to address case backlog

This position expands the number of federal district and circuit court judges to address massive case backlogs and reduce the power of individual judges to shape national policy. More judges means faster access to justice and less concentrated power.

Lower federal courts must be expanded to address case backlog and reduce dependence on a small number of judges for nationwide policy decisions.

Chronic understaffing of federal district and circuit courts produces years-long case backlogs, forces judges to handle unmanageable dockets, and concentrates policy-shaping power in a small number of individual judges whose assignment is effectively random. Expansion reduces the impact any single judge can have on national policy, speeds access to justice, and distributes judicial power more broadly. Expansion should be paired with random case assignment (JUD-VEN-002) to prevent strategic filing targeting newly created seats.

CORT-SIZS-0004 Proposal
🔵 Proposal — Under Review

Expand the Supreme Court to 13 justices, matching the number of federal circuit courts, to structurally remediate the illegitimately constructed 6-3 supermajority

This position expands the Supreme Court to 13 justices to address the current conservative supermajority that was built through unprecedented tactics, including blocking Merrick Garland's nomination. The expansion would restore balance and match the number of federal circuit courts.

The Constitution does not specify the number of Supreme Court justices. Congress has changed the size of the Court seven times since 1789 — from six to five, back to six, then to seven, nine, ten, seven, and finally nine in 1869, where it has remained by statute for over 150 years.[1] The nine-justice Court is not a constitutional requirement; it is a statutory choice subject to ordinary legislative revision by simple majority statute. The current 6-3 conservative supermajority was assembled through two extraordinary norm-violating appointments: the Senate majority's refusal in 2016 to hold confirmation hearings on Merrick Garland — a qualified nominee left in vacancy for 293 days through the end of the Obama administration — and the confirmation of Justice Amy Coney Barrett eight days before the 2020 presidential election, after more than 50 million votes had already been cast in that election. Neither appointment violated written law. Both exploited the complete absence of enforceable procedural norms in the confirmation process. The structural remedy for a court whose composition was distorted by norm-breaking is structural correction — not normative appeals to a majority that already demonstrated it will not honor norms. Expansion to 13 justices — one for each of the 13 federal circuit courts — is the legally grounded, historically precedented, and organizationally coherent remedy. Scholars Epps and Sitaraman, analyzing the full spectrum of structural reform proposals in the Yale Law Journal, concluded that circuit-aligned court expansion is among the most principled available options, aligning the Supreme Court's supervisory structure with the appellate court system it oversees.[2] Thirteen is not a partisan number — it is the organizational framework Congress itself created for the federal judiciary. Expansion requires no constitutional amendment; a statute amending 28 U.S.C. § 1 is sufficient. No current justice is removed. The President nominates four additional justices confirmed by the Senate. This is the same power Congress exercised in 1863 when it expanded the Court to ten justices, and in 1869 when it set the current nine.

  1. Wheeler, R. A. (2020, September 22). Checking the numbers on Supreme Court "packing." Brookings Institution. https://www.brookings.edu/articles/checking-the-numbers-on-supreme-court-packing/
  2. Epps, D., & Sitaraman, G. (2019). How to save the Supreme Court. Yale Law Journal, 129(1), 148–228. https://www.yalelawjournal.org/article/how-to-save-the-supreme-court
NOM Nomination and Confirmation 0/3 active
CORT-NOMS-0001 Proposed

Senate must act on judicial nominees within 90 days

This position requires the Senate to hold hearings and vote on judicial nominees within 90 days. If the Senate refuses to act, the nominee is automatically confirmed, preventing obstruction tactics like those used against Merrick Garland.

The Senate must hold confirmation hearings and vote on judicial nominees within 90 days; failure to act results in automatic confirmation.

The Merrick Garland precedent — in which the Senate refused to hold hearings on a Supreme Court nominee for nearly a year — demonstrated that the existing process has no enforcement mechanism: a Senate majority can simply refuse to act indefinitely. An automatic confirmation default after 90 days inverts the incentive: obstruction now has a cost (automatic confirmation of a nominee the majority dislikes), whereas holding hearings and voting preserves the majority's ability to reject. The rule restores the Senate's advice-and-consent role as an active check rather than a veto by inaction.

CORT-NOMS-0002 Proposed

Merit-based judicial selection commissions

This position creates merit-based commissions to screen judicial nominees before Senate confirmation. These commissions evaluate qualifications, temperament, and ethics, providing public recommendations that inform the confirmation process.

Merit-based judicial selection commissions must screen nominees and provide public recommendations before Senate confirmation.

Introduces a professional pre-screening layer between the president's nomination choice and Senate confirmation. Commissions evaluate candidates on qualifications, temperament, legal reasoning quality, and ethical history — providing public recommendations that create a record against which the confirmation process can be measured. Commissions do not replace presidential nomination or Senate confirmation, but interpose an independent professional assessment that raises the cost of nominating demonstrably unqualified or ethically compromised candidates. Modeled on bar association rating systems and state merit selection commissions, which have a strong track record of improving judicial quality.

CORT-NOMS-0003 Proposed

Pre-confirmation financial and relationship disclosure

This position requires judicial nominees to publicly disclose all financial interests, prior legal positions, and relationships with parties who might appear before them before confirmation. This ensures conflicts of interest are identified early, when they can still be addressed.

Judicial nominees must publicly disclose financial interests, prior legal positions, and relationships with parties likely to appear before them.

Front-loads the disclosure requirements that currently apply (incompletely) to sitting judges onto the confirmation process, when public scrutiny is highest and the Senate has maximum leverage. Nominees who would face automatic recusal from a substantial portion of cases due to conflicts should be identified before, not after, confirmation. Prior legal positions — briefs, opinions, public statements — provide the factual record for senators and the public to assess judicial philosophy. Disclosure of relationships with parties likely to appear before the court addresses the pattern of undisclosed financial ties that have become a recurring ethics issue for sitting justices.

APT Presidential Appointment Obligations 0/1 active
CORT-APTS-0001 Proposed

President must nominate to fill judicial and executive vacancies within 90 days

This position requires the President to nominate candidates to fill vacant judicial and executive positions within 90 days. Leaving positions empty indefinitely as a way to disable agencies or courts is not a legitimate governing tool.

The President must submit nominations to fill vacant judicial and Senate-confirmed executive positions within 90 days of a vacancy arising; refusal to nominate is not a constitutional option.

The Constitution grants the President the power to nominate and, with Senate advice and consent, appoint judges and other principal officers. It does not grant the power to leave positions vacant indefinitely as a governing tool. Yet the presidential refusal to fill vacancies has become a distinct form of constitutional abuse: leaving agency positions unfilled to disable the agency's function (without needing Congressional action to eliminate it), leaving judicial vacancies open to prevent the opposing party's nominees from taking seats, and leaving courts understaffed to delay or avoid disfavored outcomes. This problem is general — it applies to the judiciary but equally to independent agencies, cabinet departments, and any Senate-confirmed position. An obligation to nominate within 90 days of a vacancy — with mandamus remedies available to compel nomination — addresses the structural gap. The 90-day obligation mirrors the Senate's corresponding JUD-NOM-001 obligation to hold confirmation hearings. Together they create a two-sided system: both branches have affirmative duties to keep government functioning, and obstruction by either branch has a cost. Congress's legitimate response if the President refuses to govern is appropriations pressure, oversight, and ultimately the impeachment power — not permanent vacancy. The constitutional framework assumes a President who will exercise the appointment power, not one who uses non-exercise as a weapon against institutions they wish to disable.

SHD Shadow Docket and Procedure 0/3 active
CORT-SHDS-0001 Proposed

Shadow docket orders require supermajority and written justification

This position requires the Supreme Court to reach a supermajority vote and provide written reasons for emergency orders issued without full briefing or oral arguments. The shadow docket has been used to make major policy changes with no transparency or explanation.

Emergency or shadow docket orders issued without full briefing and argument must require a supermajority of the court and must include written justification.

The Supreme Court's shadow docket — emergency applications decided without full briefing, oral argument, or signed opinions — has expanded dramatically, with major policy consequences decided by unsigned orders that provide no reasoning and bind lower courts with no explanation.[6] The supermajority requirement raises the threshold for consequential action taken without full process; the written justification requirement ensures the court provides at minimum a public account of its reasoning. Together these reforms constrain the shadow docket to genuine emergencies rather than a parallel track for preferred outcomes achieved without scrutiny.

CORT-SHDS-0002 Proposed

Nationwide injunctions from single district judges subject to expedited appellate review

This position requires any nationwide injunction issued by a single district judge to receive expedited review by an appeals court within 30 days. This prevents one judge from freezing national policy for months or years with no higher court oversight.

Nationwide injunctions issued by single district court judges must be subject to expedited appellate review within 30 days.

Complements JUD-VEN-001 and JUD-VEN-002. Even after venue reform, single judges will retain the ability to issue significant orders. Expedited appellate review — a 30-day circuit review of any nationwide injunction — ensures that no single district judge's order freezes national policy for months or years while the parties brief the circuit at normal pace. The rule does not prohibit nationwide injunctions; it requires prompt appellate consideration when a single judge's order has national scope.

CORT-SHDS-0003 Proposal
🔵 Proposal — Under Review

Congress must legislate procedural guardrails for Supreme Court emergency orders — written opinions required, five-justice minimum for nationwide relief, mandatory response period, full briefing before national effect

This position requires Congress to pass procedural rules for Supreme Court emergency orders, including written opinions, a five-justice minimum for nationwide relief, mandatory response time for the government, and full briefing before national effect. These safeguards ensure major decisions receive proper deliberation.

The Supreme Court's "shadow docket" — emergency orders issued outside the normal merits calendar, without briefing, oral argument, or signed opinions explaining the legal basis — has expanded from a genuine emergency vehicle into a primary tool for national policymaking without procedural accountability. From 2001 through 2016, the Court issued approximately one unsigned emergency order per term affecting parties beyond the immediate litigants. From 2017 through 2021, it issued 41 such orders — a 40-fold expansion in a single administration.[1] Shadow docket orders have blocked federal vaccine mandates, reinstated the Remain in Mexico immigration policy, and altered federal environmental enforcement — decisions of enormous national consequence made through unsigned orders with no reasoning, no citations to authority, and no appellate record available for lower courts to apply. The 2023 SCOTUS ethics code addresses financial conduct; it does not address shadow docket procedure at all. Congress must act by statute. Required legislative guardrails: (1) Written opinion requirement: Any emergency order granting, modifying, or maintaining relief that affects parties beyond the immediate litigants must include a written opinion, attributed to authoring justices, stating the legal standard applied and the factual basis for the order. (2) Five-justice minimum for nationwide relief: No emergency application may grant, maintain, or block enforcement of any federal executive or legislative action on a national or near-national basis absent the affirmative votes of at least five justices; a three-justice shadow order cannot nullify a duly enacted federal policy. (3) Mandatory response period: Respondents to emergency applications must have at least ten days to file a response except where the applicant demonstrates imminent irreparable harm occurring within 48 hours; the burden of demonstrating such emergency rests on the applicant. (4) Full briefing before nationwide relief: Before granting any emergency order that would block federal executive or legislative action on a national basis, the Court must require and receive briefing from all directly affected governmental parties. Court-adopted procedural guidelines are unenforceable and have proven inadequate; only statutory requirements carry binding force.

  1. Vladeck, S. I. (2023). The shadow docket: How the Supreme Court uses stealth rulings to amass power and undermine the republic. Basic Books.
LGO Legislative and Democratic Checks on the Court 0/8 active
CORT-LGOS-0001 Proposed

Congressional supermajority override of SCOTUS decisions invalidating federal statutes

This position allows Congress to override a Supreme Court decision striking down a federal law by passing the law again with a two-thirds supermajority within ten years. The override does not apply to cases protecting individual rights against the government.

Congress may reinstate a federal statute invalidated by the Supreme Court on constitutional grounds by passing it again with a two-thirds majority in both chambers within ten years of the decision; the override does not apply to rulings enforcing individual rights against the government.

The counter-majoritarian problem — an unelected court of nine permanently striking down laws enacted by democratic majorities — is real and structural. Canada's Section 33 "notwithstanding clause" provides a working model of legislative override with democratic accountability: legislatures may override certain judicial rulings for renewable five-year periods. Constitutional scholar Mark Tushnet has documented how popular constitutionalism supports mechanisms for democratic correction of judicial veto.[3] The two-thirds threshold ensures genuine supermajoritarian consensus — not a partisan reversal — before democratic will prevails over judicial invalidation. The carve-out for rulings enforcing individual rights against the government prevents the override from becoming a tool to strip rights; it applies only when courts invalidate affirmative legislation addressing structural or economic questions. This models mechanisms in Canada, New Zealand, and the United Kingdom and addresses the structural problem of courts acting as an unreviewable veto on democratic legislation.

CORT-LGOS-0002 Proposed

Jurisdiction stripping authority with procedural safeguards

This position allows Congress to remove the Supreme Court's jurisdiction over specific subject areas by a two-thirds vote, with the jurisdiction-stripping authority expiring after ten years unless renewed. This preserves congressional power to check judicial overreach.

Congress retains explicit authority under Article III to remove Supreme Court appellate jurisdiction over specific statutory subject matters, exercisable only by a two-thirds majority and subject to a mandatory ten-year sunset requiring affirmative renewal.

Article III grants Congress the power to make exceptions to the Supreme Court's appellate jurisdiction. Ex parte McCardle (1869) confirmed this power during Reconstruction, when Congress stripped the Court's jurisdiction to prevent invalidation of Reconstruction laws protecting newly freed people; the Court dismissed the case for lack of jurisdiction, explicitly acknowledging Congress's authority.[4] JUD-LGO-002 affirms this constitutional tool while constraining its use: a two-thirds threshold prevents bare majorities from stripping jurisdiction opportunistically; the sunset clause ensures periodic democratic reaffirmation rather than permanent removal of review; and the rule does not apply to Congress's own structural or procedural legislation (which would create a conflict of interest). This is not a tool to harm minorities — it is a structural check available to democratic supermajorities to prevent judicial lock-in on contested structural questions where prolonged judicial veto undermines democratic self-governance.

CORT-LGOS-0003 Proposed

Supermajority requirement to overturn Supreme Court precedent

This position requires the Supreme Court to have at least six justices voting to overturn an established precedent. A bare five-to-four majority is insufficient to throw out settled law that people have relied on for years or decades.

The Supreme Court may not overturn an established precedent by fewer than six votes; a five-to-four decision is insufficient to overrule prior holdings.

Stare decisis — respect for settled prior decisions — is the foundation of legal stability and the protection of reliance interests across all areas of law. The current Court has overturned established precedent at historically high rates with bare five-to-four majorities: Dobbs v. Jackson Women's Health Organization (overturning Roe and Casey), Janus v. AFSCME (overturning Abood), Knick v. Township of Scott (overturning San Remo Hotel), and others. A six-to-three minimum for overruling precedent raises the threshold for doctrinal reversal, requiring genuine judicial consensus rather than a single-appointment majority to eliminate settled law. This does not prevent the Court from narrowing, distinguishing, or developing doctrine through the normal case-by-case process — it prevents wholesale reversal of longstanding precedent by a bare majority constituted by a single strategic appointment. The comparative norm from peer constitutional democracies is that fundamental doctrinal reversals require broad judicial consensus, not bare majorities.

CORT-LGOS-0004 Proposed

Independent enforcement office for judicial recusal and financial disclosure

This position creates an independent Office of Judicial Accountability to review financial disclosures from all federal judges, investigate recusal violations, and publish findings. Supreme Court justices can no longer decide for themselves whether to recuse from cases where they have conflicts.

An independent Office of Judicial Accountability must receive and review annual financial disclosures from all Article III judges, investigate recusal violations, and publish findings; self-enforcement of recusal decisions is prohibited for the Supreme Court.

JUD-REC-001 and JUD-ETH-002 establish the standards; JUD-LGO-004 establishes the enforcement infrastructure those rules require. Investigative journalism by ProPublica documented undisclosed gifts, travel, and outside income in the hundreds of thousands of dollars for multiple current Supreme Court justices with no enforcement consequence. An independent accountability office — analogous to Inspectors General in the executive branch — would receive annual disclosures, investigate complaints, compel recusal in cases where unreported financial relationships exist, refer disclosure violations to the Judicial Conference or Congress, and publish findings publicly. Without an enforcement office, disclosure requirements and recusal standards are unenforced aspirations. The office must be structurally independent from the courts it oversees, with appointments that do not give any single political actor control.

CORT-LGOS-0005 Proposed

Amicus curiae funding and coordination disclosure

This position requires amicus briefs filed in federal courts to disclose all funding sources and any coordination with parties or repeat-filer networks. This transparency reveals when well-funded advocacy groups are manufacturing the appearance of independent expert consensus.

Amicus curiae briefs filed before any federal court must disclose all funding sources, any coordination with a party whose position the brief supports, and membership in any repeat-filer network coordinating across multiple cases before the same court.

The amicus curiae system has been systematically captured by well-funded advocacy networks that coordinate filings to simulate independent expert agreement where none exists. Empirical research on Supreme Court amicus practice has documented that a small number of repeat-filer organizations — many funded by overlapping donor networks — dominate the amicus docket, creating the appearance of broad independent endorsement for ideologically driven positions. Supreme Court Rule 37 requires disclosure of any party's counsel who authored an amicus brief, but does not require disclosure of funding from non-counsel sources or coordination with parties' legal teams. The transparency gap allows interested parties to amplify their legal arguments through nominally independent third-party filings without the court or public knowing the source. This rule extends disclosure requirements to all funding sources (not merely authoring counsel), any communication or coordination with the party being supported, and organizational membership in networks with coordinated docket strategies.

CORT-LGOS-0006 Proposed

Federal judiciary demographic diversity requirements

This position requires Congress to establish a merit-based screening process for judicial nominees that actively considers demographic diversity as part of judicial legitimacy. Annual public reports on federal court demographics by circuit hold the system accountable.

Congress must establish a merit-based screening process for all Article III judicial nominations that actively evaluates demographic diversity as a component of judicial legitimacy; annual reports on the demographic composition of all federal courts disaggregated by circuit must be published.

Federal courts interpret the rights of all Americans, but their composition has historically failed to reflect the population they serve. As of 2024, women and racial minorities remain significantly underrepresented at all levels of the federal judiciary relative to their share of the legal profession and the general population. Judicial diversity is not merely symbolic: empirical research has found that judicial panel composition affects outcomes in discrimination, civil rights, and employment cases, and that diverse panels produce reasoning that accounts for a wider range of lived experience. A merit-based screening process that affirmatively considers diversity alongside credentials, experience, and judicial temperament does not reduce quality — it expands the pool of qualified candidates and addresses structural barriers (geographic networks, law school ties, clerkship pipelines) that have historically excluded talented jurists from consideration. Annual public reporting creates accountability for progress without mandating specific quotas.

CORT-LGOS-0007 Proposed

Administrative law judges — independence protections against politically motivated removal

This position protects administrative law judges from being fired, reassigned, or punished by the executive branch as retaliation for their decisions. ALJs decide millions of cases affecting Social Security, immigration, and benefits, and their independence is essential to fair outcomes.

Administrative law judges may not be removed except for good cause shown before an independent review body; executive branch agencies may not remove, reassign, or salary-reduce ALJs as a tool to influence adjudication outcomes; ALJ independence is a statutory right enforceable by judicial review.

Administrative law judges decide millions of cases each year — Social Security disability claims, immigration hearings, securities enforcement proceedings, and agency benefits disputes. They exercise quasi-judicial authority and their impartiality is fundamental to fair administrative adjudication. The Supreme Court's decision in SEC v. Jarkesy (2024) disrupted ALJ structures, while executive orders have asserted authority to reclassify ALJs as at-will employees subject to presidential removal without cause. These converging pressures threaten to eliminate the independence of the administrative judiciary, making ALJ decisions responsive to political pressure from agency heads and the White House rather than law and evidence. JUD-LGO-007 establishes ALJ independence as a non-negotiable statutory floor: removal only for specific good cause adjudicated by an independent review body, and explicit prohibition on using removal, reassignment, or pay reduction to pressure adjudicative outcomes in pending or future cases.

CORT-LGOS-0008 Proposed

Independent bipartisan commission for court structural reform

This position creates an independent bipartisan commission to evaluate Supreme Court structure and recommend reforms to Congress. Any structural reform based on commission recommendations requires a two-thirds supermajority vote, ensuring broad consensus for major changes.

An independent bipartisan commission must evaluate Supreme Court structure, composition, size, and tenure and report reform recommendations to Congress; any structural reform enacted based on commission recommendations requires a ⅔ supermajority vote in both chambers.

Court-packing — expanding court size for partisan advantage — is one of the most serious threats to judicial legitimacy. No structured deliberative process exists for evaluating structural reforms across partisan lines before crisis forces improvised action. An independent commission — modeled on the Presidential Commission on the Supreme Court of the United States (convened 2021) — provides a bipartisan deliberative foundation: commissioners drawn from legal academia, the bar, prior judicial service, and civil society; formal public hearings; published findings; and formal recommendations to Congress. The commission does not implement changes; it develops reform proposals with broad public legitimacy. The ⅔ supermajority requirement in JUD-SIZ-001 governs any structural change the commission recommends, ensuring that even commission-endorsed reforms reflect genuine democratic consensus rather than exploitation of a fleeting partisan majority. This is the procedural complement to JUD-SIZ-001: the commission provides the process; the supermajority provides the threshold. Together they make structural court reform available through democratic deliberation while foreclosing unilateral partisan manipulation. Cross-reference: JUD-SIZ-001 (supermajority requirement for court size changes); JUD-ETH-001 (term limits); JUD-LGO-001 through JUD-LGO-007 (legislative checks on the court).

PROS Prosecutorial Oversight and Accountability 0/3 active
CRTS-PROS-0001 Proposal
🔵 Proposal — Under Review

Independent State Prosecutorial Oversight Commission

This position establishes an independent state commission to oversee prosecutorial conduct and investigate misconduct, including Brady violations where prosecutors hide evidence that could prove a defendant's innocence. No such oversight currently exists in most states.

Every state must establish an independent prosecutorial oversight commission with subpoena power, staffed by members appointed through processes independent of district attorney associations; commission membership must include criminal defense attorneys, civil rights advocates, exonerees, and community members. The commission must investigate all Brady violations, knowing use of false testimony, and racial disparate-charging complaints; sustained findings must be publicly disclosed and referred to the state bar for disciplinary action. Prosecutors with three or more sustained misconduct findings in ten years are subject to mandatory decertification.

No federal law requires independent oversight of prosecutorial conduct. Brady violations — the failure to disclose exculpatory evidence — contribute to a substantial share of wrongful convictions.

CRTS-PROS-0002 Proposal
🔵 Proposal — Under Review

Knowing Brady Violations Are a Federal Crime

This position makes it a federal crime for prosecutors to knowingly hide evidence that could prove a defendant is innocent. Current law grants prosecutors absolute immunity from civil lawsuits even for intentional misconduct, creating no meaningful deterrent.

A prosecutor who knowingly and willfully fails to disclose material exculpatory evidence to the defense commits a federal crime punishable by up to 5 years imprisonment and permanent bar from law practice. In any case where a Brady violation is found to have contributed to a wrongful conviction, the convicted person has a private right of action against the responsible prosecutor for actual damages, compensatory damages of $50,000 per year of wrongful incarceration, and attorneys' fees. Absolute prosecutorial immunity does not apply to conduct constituting a Brady violation.

The Supreme Court's doctrine of absolute prosecutorial immunity shields prosecutors from civil liability even for knowing misconduct. This creates a structural incentive to withhold exculpatory evidence.

CRTS-PROS-0003 Proposal
🔵 Proposal — Under Review

Mandatory Annual Racial and Income Disparity Audit of Charging Decisions

This position requires prosecutors to conduct annual public audits showing whether charging decisions create racial or income-based disparities. Transparency helps identify and address patterns of discriminatory prosecution.

Every prosecutor's office with 10 or more full-time prosecutors must publish an annual charging disparity report showing charging rates, plea rates, and sentence outcomes by race, ethnicity, income level, and offense category. Offices showing disparate charging rates for similarly situated defendants — controlling for offense severity and criminal history — must submit a remediation plan to the state attorney general. Federal prosecutors' offices must report to DOJ, which must publish aggregate data publicly.

JURY Jury System Reform 0/3 active
CRTS-JURY-0001 Proposal
🔵 Proposal — Under Review

Eliminate Peremptory Strikes in Capital and Class A Felony Cases

This position eliminates peremptory strikes in capital and serious felony cases. Peremptory strikes have been used systematically to remove Black jurors from juries, despite Supreme Court rulings supposedly prohibiting racial discrimination.

Peremptory strikes — the dismissal of prospective jurors without stated cause — are abolished in capital cases and Class A felony trials. All jury strikes in such cases must be for cause, stated on the record, and subject to judicial review. In all other cases, the number of peremptory strikes is reduced to no more than 3 per side; any peremptory strike challenged under Batson must be supported by a race-neutral explanation subject to heightened judicial scrutiny with written findings.

Peremptory strikes have been used to systematically exclude Black jurors despite Batson v. Kentucky (1986). Research documents that all-white juries convict Black defendants at significantly higher rates.

CRTS-JURY-0002 Proposal
🔵 Proposal — Under Review

Jury Pools Must Reflect County Demographics Within 10%

This position requires jury pools to reflect the racial and demographic makeup of the county within 10 percentage points. Representative juries are essential to fair verdicts and equal justice.

Courts must audit jury pool composition annually and compare it to the demographics of the eligible population in the jurisdiction. Any jury pool that deviates from eligible population demographics by more than 10% on any racial, ethnic, or income dimension triggers mandatory remedial action, including revised source list composition, updated summons procedures, and targeted outreach. Federal courts must report jury pool demographics to the Administrative Office of the Courts; state courts must report to the state court administrator.

CRTS-JURY-0003 Proposal
🔵 Proposal — Under Review

Jury Duty Pay Must Not Impose Financial Hardship

This position ensures jury duty pay does not create financial hardship for hourly workers. Current federal jury pay of $50 per day excludes working-class people from jury service, making juries unrepresentative of the community.

Federal jury duty compensation must be raised to no less than $75 per day for the first 10 days and $125 per day thereafter; employers with more than 50 employees must continue full pay and benefits during jury duty. No employee may be disciplined, demoted, or terminated for serving on jury duty. Workers who lose wages during jury service for employers with fewer than 50 employees must receive supplemental compensation from the court to cover the difference between jury pay and their average daily wage up to $250/day.

Current federal juror pay is $50/day. Low jury pay disproportionately excludes hourly workers from jury service, skewing jury composition toward salaried and professional demographics.

EXPR Expungement and Record Clearing 0/3 active
CRTS-EXPR-0001 Proposal
🔵 Proposal — Under Review

Automatic Expungement of All Federal Marijuana Possession Convictions

This position automatically expunges all federal marijuana possession convictions. An estimated 40,000 people are currently incarcerated for federal marijuana offenses, and hundreds of thousands more have convictions that harm their employment and housing prospects.

All federal convictions for simple marijuana possession must be automatically expunged within 12 months of enactment, without requiring any petition, filing fee, or attorney. The DOJ must notify every affected person in writing that their record has been expunged; all federal databases, background check systems, and court records must be updated automatically. Expungement is complete and permanent; the record may not be accessed for any purpose including employment, housing, or professional licensing.

An estimated 40,000 people are currently incarcerated for federal marijuana offenses;[8] hundreds of thousands more have convictions on their records.

CRTS-EXPR-0002 Proposal
🔵 Proposal — Under Review

Automatic Expungement for Non-Violent Offenses After 5 Crime-Free Years

This position automatically expunges non-violent offense convictions after five crime-free years. People who have paid their debt to society and stayed out of trouble should not face lifelong barriers to jobs, housing, and education.

Any person convicted of a non-violent offense who has completed their sentence, paid all restitution owed, and remained free of new convictions for 5 years is automatically eligible for expungement; no petition, filing fee, or attorney is required. The court must expunge the record within 90 days of the 5-year eligibility date. Expunged records may not be disclosed to employers, landlords, or licensing agencies; use of an expunged record as the basis for denial of employment, housing, or a professional license is an actionable civil rights violation.

CRTS-EXPR-0003 Proposal
🔵 Proposal — Under Review

Federal and State One-Stop Expungement Portal

This position creates a single online portal where people can apply to expunge eligible records from both federal and state systems. The current process is fragmented, expensive, and inaccessible to most people with records.

The DOJ must fund and maintain a federally integrated expungement portal through which any person may apply for expungement of federal records at no cost; states receiving federal criminal justice assistance funds must integrate their record-clearing systems with the portal or maintain a comparable one-stop state portal. No filing fee may be charged for any expungement or record sealing petition; legal aid organizations must be funded to assist applicants.

Research & Context

The courts and judicial reform pillar emerged from recognition that the judiciary has become a primary battleground for imposing ideological agendas without democratic accountability. The Supreme Court's recent term exemplifies the problem: overturning 50 years of precedent on abortion rights (Dobbs), inventing broad presidential immunity without constitutional text or historical support, systematically dismantling regulatory authority, gutting voting rights protections, and imposing originalist interpretations that ignore modern society while selectively reading history to support preferred outcomes.

The Dobbs decision particularly crystallized the problem of an unaccountable court overturning settled precedent based on contested historical interpretation and textualist reading of a Constitution written when women couldn't vote, own property, or serve on juries. The majority opinion claimed abortion wasn't "deeply rooted in history"—using selective 19th century history to deny rights in the 21st century, while ignoring that almost nothing about modern life (privacy, equality, technology, medicine) is "deeply rooted" in 1868. The decision demonstrated how interpretive methodology becomes ideology: textualism and originalism as tools to dismantle rights rather than neutral interpretive frameworks.

The presidential immunity decision similarly showed judicial overreach: inventing sweeping immunity for "official acts" without constitutional text, creating a tiered immunity system nowhere in the Constitution, and effectively placing presidents above the law based on policy preferences about executive function. The dissent noted this creates precisely the monarchical power the framers explicitly rejected. These are not marginal decisions or modest adjustments—they're fundamental restructurings of constitutional law by a court operating without meaningful constraints.

The term limits proposal addresses the root structural problem: lifetime appointment. The framers designed lifetime tenure to ensure independence from political pressure, before modern life expectancy made "lifetime" mean 30-40+ year careers. Current practice creates perverse incentives: presidents appoint the youngest possible ideologues to maximize decades of influence, confirmation battles become apocalyptic because each appointment reshapes law for a generation, justices strategically time retirement to ensure same-party replacement, and age-related decline becomes constitutional crisis as justices serve into their 80s rather than voluntarily retiring.

The 18-year staggered term proposal solves these problems: each presidential term includes two appointments (predictable, regular), appointments are still secure (18 years is longer than most careers), but no single president dominates the court for decades, strategic retirement timing becomes less important, and regular turnover ensures the court gradually reflects democratic change rather than being frozen in the ideology of past political moments. This doesn't make the court "political"—it makes appointments regular rather than arbitrary based on when justices die or retire. The court's composition would still shift slowly, but it wouldn't be possible for one or two presidents to lock in a supermajority for a generation.

The binding ethics code addresses the reality that Supreme Court justices currently operate with fewer ethical constraints than any other federal judges. Lower court judges are bound by the Code of Conduct for U.S. Judges. Supreme Court justices have "voluntary" ethics guidance with no enforcement. The result has been predictable: undisclosed luxury gifts and travel from wealthy donors with interests before the court, real estate transactions with parties in pending cases, spouse involvement in political activities directly related to cases, outside income from ideologically aligned organizations, financial conflicts not disclosed or recused, and public statements indicating prejudgment on issues likely to come before the court. When challenged, justices simply assert they've done nothing wrong and refuse recusal, with no review or consequence possible.

The binding code would establish clear rules: financial disclosure requirements matching or exceeding those for other federal officials, prohibition on gifts above minimal value from anyone with potential business before the court, prohibition on outside income from ideologically aligned organizations, restrictions on political activity and public statements on issues likely to come before the court, mandatory disclosure of spouse's income and activities, clear recusal requirements for financial conflicts or family involvement, and enforcement mechanisms including ethics investigations, public censure, removal from specific cases, and potential impeachment for egregious violations. The goal is not to micromanage justices, but to establish baseline ethical standards comparable to those governing every other public official.

The recusal standards address the current voluntary system where justices decide their own conflicts. Recent examples include: Justice Thomas not recusing despite his wife's active involvement in efforts to overturn the 2020 election in cases about that exact topic, justices refusing recusal despite receiving gifts or payments from parties or ideological allies with interests in pending cases, justices hearing cases involving companies where they own stock, and justices remaining on cases where their prior public statements indicate they've prejudged the issue. When challenged, justices simply decline recusal with no review possible.

Mandatory recusal standards would establish clear triggers: direct financial interest in the outcome, immediate family member with financial or professional interest in the outcome, prior participation in the case (as attorney, consultant, lower court judge), public statements indicating prejudgment on the specific legal issue, receipt of substantial gifts or payments from parties or their representatives, and reasonable appearance of impartiality compromised. An independent review mechanism would assess contested recusal decisions, with public documentation of the basis for recusing or declining to recuse. Consequences for inappropriate refusal to recuse would include reversal on appeal, public censure, and potential disciplinary action for repeated violations.

The interpretive standards reform addresses how strict textualism has been weaponized to dismantle rights and undermine clear legislative intent. Textualism claims to interpret laws based solely on the text, ignoring context, purpose, legislative history, or consequences. In practice, this becomes a tool for results-oriented judging: selectively reading text in the most narrow way to reach preferred outcomes, ignoring obvious intent when inconvenient, using dictionary definitions from different eras to support conclusions, and claiming any consideration of purpose or consequence is "judicial activism."

The reform doesn't ban textualism or require ignoring statutory text. It requires courts to consider multiple interpretive tools: text (obviously), but also legislative intent, context, purpose, consequences, and common sense. When a statute says X, and all evidence shows Congress meant X to accomplish Y, and interpreting X to prevent Y makes no sense, courts should not contort text to reach absurd results. The goal is honest interpretation serving justice, not ideological outcomes dressed as neutral textualism.

The plain-language intent requirement encourages Congress to make interpretation easier by including explicit statements of purpose, intent, and context in legislation. Rather than leaving courts to guess at legislative intent from scattered floor statements, committee reports, and statutory text, Congress would include a "Plain Language Intent" section explaining: what problem the law addresses, what outcome it seeks to achieve, how provisions should be interpreted to accomplish that purpose, and what interpretations would subvert the law's intent. This doesn't bind courts to follow Congress's interpretation (separation of powers), but it creates a clear interpretive record making bad-faith distortion harder.

The venue reform addresses judge shopping: plaintiffs filing cases in districts chosen specifically because a single sympathetic judge can be assigned, then obtaining nationwide injunctions from that one judge affecting the entire country. Recent examples include immigration policy, environmental regulations, healthcare rules, and election laws all being blocked nationwide by single district judges in carefully chosen venues. The plaintiffs forum-shop, the judge issues a sweeping injunction, and national policy is paralyzed by one jurist's opinion.

Reform would require plaintiffs to demonstrate substantial local connection to the chosen venue (not just "harm could occur here" but actual localized harm or substantial local operations), limit the geographic scope of district court injunctions to the affected district or circuit (not nationwide from a single judge), or require multi-judge panels for cases seeking nationwide relief. Mandatory random case assignment (JUD-VEN-002) closes the related loophole of strategic filing timing within a district to target specific judges. Automatic reassignment as the enforcement remedy preserves the plaintiff's right to litigate while eliminating the benefit of gaming the assignment system.

Court structure reform addresses two distinct but related structural failures. First, the court-packing risk: Article III vests judicial power in "one supreme Court" and "such inferior Courts as the Congress may from time to time ordain and establish," but specifies no number of Supreme Court justices. Congress has changed the number seven times since 1789, most recently in 1869. A simple-majority Senate and president can legally add justices, neutralizing a court of the opposite ideological alignment within a single Congress. The Merrick Garland episode (2016) and the Amy Coney Barrett confirmation (2020) together illustrate the full arc of the problem: the Senate blocked a Democratic nominee for nearly a year on the grounds that a presidential election year should allow voters to decide court composition, then confirmed a Republican nominee eight days before a presidential election — establishing that procedural norms around court appointments have no enforcement mechanism whatsoever and will be abandoned whenever they are inconvenient to the Senate majority. JUD-SIZ-001 addresses this directly by requiring a supermajority or constitutional amendment to change court size, raising the threshold above what any single governing coalition can achieve unilaterally.

The 18-year staggered term proposal (JUD-SIZ-002) solves the lifetime-appointment problem with minimal disruption to judicial independence: 18 years is longer than most careers, each presidential term yields exactly two appointments, no single president can dominate the court for a generation, and strategic retirement timing becomes less consequential. Comparative evidence from peer democracies is instructive: Germany's Federal Constitutional Court justices serve single 12-year terms; the European Court of Human Rights and Court of Justice of the EU use similar non-renewable term structures. These courts are not uniformly seen as politically compromised — they are generally regarded as legitimate, independent, and high-quality. The U.S. resistance to term limits has no parallel in peer judicial systems and reflects institutional inertia rather than demonstrated superiority.

The shadow docket has grown dramatically as a vehicle for major policy decisions. The Supreme Court's use of the emergency docket — applications for stays, injunctions pending appeal, and similar emergency relief decided without full briefing, oral argument, or signed majority opinions — expanded from roughly 8 orders per term in the early 2000s to dozens of significant policy orders per term by the early 2020s[6]. Shadow docket orders have blocked major regulatory and executive actions, reinstated policies on immigration, public health, and environmental protection, and shaped national law without the transparency of the merits process. The unsigned, unreasoned nature of shadow docket orders makes judicial review and public accountability nearly impossible. JUD-SHD-001 addresses the core problem (no process, no reasoning) and JUD-SHD-002 addresses the geographic scope problem (nationwide injunctions with no expedited review).

The nomination and confirmation reforms address the breakdown of the Senate's advice-and-consent function. The Merrick Garland precedent established that the Senate can simply refuse to hold hearings indefinitely; 293 days elapsed between Garland's nomination and the 2016 election, during which no hearing was scheduled. The Amy Coney Barrett confirmation proceeded in 27 days. The gap between these two timelines demonstrates that procedural norms are applied selectively based on which party benefits. JUD-NOM-001's automatic confirmation default after 90 days inverts the incentive structure: the Senate can no longer benefit from obstruction without cost. Merit-based screening commissions (JUD-NOM-002) introduce professional quality assessment that is standard in many state judicial selection systems and in bar association ratings, which have historically improved confirmation quality. Pre-confirmation disclosure (JUD-NOM-003) addresses the pattern of financial ties that emerge after confirmation — the more cost-effective intervention is disclosure before the Senate votes, when scrutiny is highest and the nominee has maximum incentive to be forthcoming.

The oversight mechanisms establish independent review for judicial conduct without undermining judicial independence on legal decisions. The distinction is crucial: independence means judges can't be punished for their legal decisions, even unpopular or wrong ones (reversible on appeal, not through discipline). But independence doesn't mean zero accountability for unethical conduct, conflicts of interest, bias, or abuse of office. Oversight mechanisms would include: independent inspector general or ethics office to investigate conduct complaints, transparent process for reviewing ethics concerns with public documentation, power to recommend sanctions (censure, fine, removal from specific cases), and clear distinction between reviewable conduct (ethics, conflicts, bias) versus protected judicial decisions (legal interpretations, rulings).

The transparency requirements ensure courts operate visibly. Current practice already requires publishing opinions and disclosing some financial information, but compliance is inconsistent and enforcement is weak. Strengthened transparency would mandate: timely publication of all decisions with full reasoning (not just orders), financial disclosures covering all sources of income and substantial gifts with regular updates, documentation of recusal decisions and reasons, disclosure of contacts with parties or interested persons in pending cases, and public records of ethical complaints and their resolution. This allows public and professional scrutiny without interfering with judicial decision-making.

Throughout the pillar, the design challenge is balancing independence with accountability. Judges must be free to make unpopular decisions without fear of retaliation—that's judicial independence and it's essential. But judges must also follow ethical standards, avoid conflicts of interest, recuse when appropriate, and interpret law honestly rather than imposing ideological outcomes. The reforms target the accountability gap while preserving legitimate independence: term limits provide regular turnover without making judges responsive to immediate political pressure, ethics codes constrain conduct without dictating legal decisions, recusal standards prevent biased judges from hearing cases without preventing judges from having legal philosophies, interpretive standards require honest reasoning without mandating specific interpretations, and oversight mechanisms investigate unethical conduct without reviewing legal correctness.

The pressure-test lessons informing this pillar include: lifetime appointment plus polarization creates incentives for extreme ideological appointments; voluntary ethics standards without enforcement are worthless; interpretive methodologies become tools for imposing preferred outcomes unless constrained; strategic behavior (judge shopping, recusal refusal, retirement timing) will occur unless structurally prevented; transparency must be mandatory because voluntary disclosure produces selective information; and courts will accumulate power unless structurally limited—the current Supreme Court is extraordinarily activist in overturning precedent, inventing doctrines, and reshaping law, while claiming to practice judicial restraint.

References

  1. Brennan Center for Justice. (2023). Supreme Court ethics reform. https://www.brennancenter.org/our-work/research-reports/supreme-court-ethics-reform
  2. Jones, J. M. (2023, September 28). Approval of U.S. Supreme Court down to 40%, a new low. Gallup. https://news.gallup.com/poll/4732/supreme-court.aspx
  3. Tushnet, M. V. (1999). Taking the Constitution away from the courts. Princeton University Press.
  4. Ex parte McCardle, 74 U.S. (7 Wall.) 506 (1869).
  5. Calabresi, S. G., & Lindgren, J. (2006). Term limits for the Supreme Court: Life tenure reconsidered. Harvard Journal of Law & Public Policy, 29(3), 769–877.
  6. Vladeck, S. I. (2023). The Shadow Docket: How the Supreme Court uses stealth rulings to amass power and undermine the republic. Basic Books.
  7. Fix the Court. (2024). Supreme Court term limits. https://fixthecourt.com/fix/term-limits/
  8. Federal Bureau of Prisons. (2024). Inmate statistics: Offenses. https://www.bop.gov/about/statistics/statistics_inmate_offenses.jsp