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Issue explainer

Supreme Court Reform: Term Limits, Court Size, and Ethics

Supreme Court justices serve for life, and Congress has kept the Court at nine seats since 1869. The Court adopted its first written ethics code in 2023, but it has no enforcement mechanism. Proposals range from keeping the Court as it is to adding term limits, an enforceable code, and more seats.

The basics

The Constitution leaves the number of justices to Congress1. The Court has had as few as five and as many as ten seats, and the Judiciary Act of 1869 fixed the number at nine, where it has stayed1. Justices hold office during good behavior, which means they serve for life unless they retire or are removed by impeachment1.

On November 13, 2023, the Court adopted its first written Code of Conduct for Justices, with five ethical canons2. The code has no enforcement mechanism, and the federal law used to discipline lower court judges does not apply to Supreme Court justices2.

On July 29, 2024, President Biden proposed 18-year term limits, so each president would appoint a justice every two years, along with a binding ethics code3. In July 2026, a group of Democratic senators reintroduced a bill to give justices 18-year active terms, after which they would move to a senior role with a limited caseload411; as of August 2026, no Republicans had backed it4. At a May 2026 House hearing, a Democratic lawmaker called for expanding the Court to 13 justices, one for each federal appeals circuit5. The Congressional Research Service has said Congress likely could not impose term limits without a constitutional amendment5; the senators' bill tries to avoid that by moving justices to senior status by law instead of removing them411.

In 2023, Pew Research Center found 46% of Americans supported adding justices and 51% opposed it, while 74% favored a maximum age limit for justices6.

Key terms

Life tenure
The constitutional rule that federal judges hold office during good behavior, so they serve until they retire, die, or are impeached and removed1.
Court expansion
Adding seats to the Court by law, which Congress has done before; the size has been nine since 18691. Critics call it court packing.
18-year term limit
A proposal to give each justice an 18-year active term so each president appoints one every two years3.
Code of Conduct for Justices
Five ethical canons the Court adopted in November 2023, without an enforcement mechanism2.
Recusal
A judge stepping aside from a case because of a possible conflict of interest; federal law requires it in some situations, including for justices2.

In Texas

Texas picks its own top judges differently. The Supreme Court of Texas has nine justices7. Texas uses partisan elections for all judicial offices, and the governor fills vacancies on the state's high courts by appointment, with Senate confirmation, until the next election13.

Texas voters also changed how state judges are disciplined. On November 4, 2025, they approved Proposition 12, which raised the number of governor-appointed members on the 13-member State Commission on Judicial Conduct from five to seven and changed the commission's rules and review process812.

How people see it

The strongest case for each view, in terms its supporters would recognize. We don't pick a side.

Keep the Court as it is

Supporters say life tenure protects judges from political pressure, which is why the Founders chose it. Keeping nine seats avoids a cycle in which each party adds justices when it holds power9. They argue the Court's own code and existing recusal and disclosure laws are enough, and that Congress policing a separate, equal branch would threaten judicial independence14.

Keep nine and life tenure, but enforce ethics

Supporters say the structure is sound but public trust depends on clear, enforceable rules on gifts, travel, and recusal. They favor an ethics code with a way to handle complaints, as a 2023 Senate bill proposed, while leaving the size and terms of the Court alone14.

Add term limits and an enforceable ethics code

Supporters say 18-year terms would give every president the same number of appointments and lower the stakes of each vacancy. Paired with a binding ethics code, they argue, this would restore trust without changing the number of seats310.

Add term limits, ethics rules, and more seats

Supporters argue the current Court's makeup reflects unusual timing and hardball confirmation fights, and that adding seats is a lawful response Congress has used before. They would combine expansion with term limits and ethics rules5.

Who decides

  • U.S. Congress: Sets the number of justices by law and could pass ethics rules or propose a constitutional amendment on terms.
  • President: Nominates justices and signs or vetoes court reform bills.
  • U.S. Senate: Confirms or rejects Supreme Court nominees.
  • U.S. Supreme Court: Sets its own internal ethics code and would likely rule on whether new rules are constitutional.
  • Texas voters and Legislature: Elect Texas Supreme Court justices and set how state judges are disciplined.

Questions to ask a candidate

  • Should Supreme Court justices serve fixed terms, such as 18 years, instead of for life?
  • Should the Court's ethics code be enforceable, and who should enforce it?
  • Would you support or oppose changing the number of justices?
  • Should Texas keep electing its judges in partisan elections, or change how they are chosen?

Last reviewed 2026-09-26. Spotted something wrong? Every claim links to its source so you can check it yourself.

Sources

  1. Frequently Asked Questions: General InformationSupreme Court of the United States
  2. The Supreme Court Adopts a Code of Conduct (LSB11078)Congressional Research Service
  3. Biden proposes term limits and ethics code for Supreme Court justicesPBS News
  4. Dems propose term limits to 'restore fairness' in Supreme CourtSpectrum News
  5. Proposed Supreme Court changes back in the headlinesNational Constitution Center
  6. How Americans view proposals to change the political systemPew Research Center
  7. About the CourtSupreme Court of Texas
  8. Texans pass Proposition 12 aimed at changing makeup of judicial conduct commissionFOX 4 Dallas-Fort Worth
  9. 2024 Republican Party PlatformThe American Presidency Project, UC Santa Barbara
  10. 2024 Democratic Party PlatformThe American Presidency Project, UC Santa Barbara
  11. Democrats push Supreme Court term limitsSCOTUSblog
  12. S.J.R. No. 27, 89th Legislature (enrolled text, Proposition 12)Texas Legislature
  13. Texas Commission on Judicial Selection Final Report (December 2020)Texas Judicial Branch
  14. Senate committee advances SCOTUS ethics bill after alleged justice misconductABC News