President Hawke’s executive order brings sweeping changes to the U.S. Supreme Court. The president said the reforms were needed to fix a Supreme Court system that had degenerated into partisan games and outright corruption. As a result of these changes, the country will see 9 new voting associate justices at the start of the next term.
Key provisions of the executive order:
- 12-year term limits for justices. This is effective immediately and is retroactive. No more lifetime appointments.
- The number of justices is increased from 9 to 15, but only 9 of the 15 are voting members. Each year 9 justices are selected randomly from the 15 to determine who will be the voting members. Justices serving two consecutive terms as voting members will be rotated out to the larger pool of 15.
- The pool of 15 justices decide if a voting justice should recuse on a case.
- The pool of 15 justices can replace a voting justice who is absent due to recusal or illness.
- A nomination for a new justice will include a qualification score provided by the American Bar Association. This provision aims to end the practice of nominating justices whose main qualification is passing a partisan litmus test.
White House Press Secretary Krista Bok, answering a question about the constitutionality of the executive order, said “Reforms were obviously needed so the president did it.” With Democrats controlling Congress and with polls showing widespread support for reform, there appears to be no effective challenges to the executive order.
The executive order immediately changed the makeup of the Supreme Court. Justices John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, and Elena Kagan are no longer justices because they have served past the 12-year term limit. Ketanji Brown Jackson remains an associate justice but because she has served two consecutive terms as a voting member she is rotated to the larger pool of 15 justices. Neil M. Gorsuch, Brett M. Kavanaugh, and Amy Coney Barrett are no longer justices because all three resigned.
The departures of Gorsuch, Kavanaugh, and Barrett weren’t required by the executive order, and no texts of resignation letters have been made public. A Department of Justice insider, speaking on condition of anonymity, said the resignations came soon after a meeting between the justices and DOJ officials. That meeting included discussions about investigations and possible criminal charges for judicial misconduct and conspiracy. DOJ insider: “The DOJ made the justices an offer they couldn’t refuse. Not a Godfather-level offer but it was obviously enough to convince the justices.”