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By Hannah Parry
Associate News Editor
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Pete Buttigieg has renewed his call for sweeping changes to the U.S. Supreme Court, arguing that reforms are needed to restore public trust in an institution that is increasingly viewed as partisan.
Appearing on Fox News Friday, Buttigieg, a Democrat, said confidence in the nation's highest court has fallen to historic lows and suggested several structural reforms, including expanding the court, imposing term limits for justices and adopting a "balanced bench" model designed to reduce partisan influence.
"The legitimacy of the Supreme Court is, I believe, the lowest it's ever been in the eyes of the American people," the former U.S. transportation secretary said. "It's come to feel like a nakedly partisan institution."
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He added that if current trends continue, the country will ultimately face a choice between "reform" and "catastrophe."
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Three Supreme Court Reforms Buttigieg Proposed
Expand the Court to 13 Justices
Buttigieg said he favors increasing the size of the Supreme Court from its current nine members to 13 justices, arguing that the number would correspond with the 13 federal judicial circuits.
"I also think we would be better off with a court that has something like 13 justices that would match the number of districts that we have in the federal system," he said.
Congress has changed the size of the U.S. Supreme Court multiple times before settling on nine justices in 1869. The Constitution does not specify how many justices the court must have, leaving that decision to Congress.
Impose Term Limits
Buttigieg also endorsed Supreme Court term limits, arguing they would make appointments more predictable and reduce the political stakes surrounding vacancies.
"At a minimum, term limits so that, for each presidential term, you know how many Supreme Court appointments are going to go with it," he said.
Most proposals from legal scholars envision 18-year staggered terms, allowing each president to nominate two justices during a four-year term. Such proposals have also been backed by other Democratic leaders in recent years.
Create a Balanced Bench
Buttigieg said he is intrigued by the idea of a balanced bench, although he stressed he is "not wedded to one single vision of reform."
Under the concept, some justices would be appointed by Democratic presidents, some by Republican presidents, while additional justices could only join the court through agreement among the existing members.
"There are a lot of interesting different ideas and proposals for how to do it," Buttigieg said. "One of them is called a balanced bench."
What Is the Balanced Bench System?
The balanced bench system would see the court expanded to 15 justices. Ten would be appointed through the traditional presidential nomination and Senate confirmation process, split evenly between Democratic- and Republican-appointed members over time.
Those 10 justices would then unanimously select an additional five consensus justices, who would be expected to have broader support across ideological lines.
Supporters argue the system would encourage moderation and reduce incentives to appoint highly ideological judges. Critics counter that it would be difficult to implement and could itself raise constitutional and political questions.
Why Doesn't the Supreme Court Have Term Limits?
Supreme Court justices currently serve for life, provided they maintain "good behaviour," as stated in Article III of the U.S. Constitution.
The lifetime appointment system was designed to protect judicial independence by insulating justices from political pressure and elections. The Constitution does not impose a mandatory retirement age.
Changing the system could require a constitutional amendment, but some legal scholars argue Congress could establish staggered 18-year terms through legislation while allowing retired justices to continue serving in a limited judicial capacity. That question remains legally unsettled.
How Many Justices Are Currently on the Supreme Court?
The Supreme Court currently has nine justices:
- Chief Justice John Roberts
- Clarence Thomas
- Samuel Alito
- Sonia Sotomayor
- Elena Kagan
- Neil Gorsuch
- Brett Kavanaugh
- Amy Coney Barrett
- Ketanji Brown Jackson
Congress set the number at nine in 1869, and it has remained unchanged for more than 150 years.
What Is the Average Age of a Supreme Court Justice?
The current Supreme Court is relatively old by the standards of most federal institutions, with an average age of about 61.
The oldest justice is Clarence Thomas, who is 78, followed by Samuel Alito, 76, and Chief Justice John Roberts, 71. The youngest member is Amy Coney Barrett, 54. Because justices serve lifetime appointments, many remain on the bench well into their 70s or 80s, making Supreme Court vacancies relatively infrequent and politically significant.
What Is the Ideological Division on the Supreme Court?
The Supreme Court is widely viewed as having a 6-3 conservative majority. The six justices generally regarded as conservative are Roberts, Thomas, Alito, Gorsuch, Kavanaugh and Barrett.
The three justices generally considered liberal are Sotomayor, Kagan and Jackson.
While justices do not always vote along ideological lines, the court's conservative majority has produced a series of landmark rulings in recent years on abortion, gun rights, presidential powers and the role of federal agencies, contributing to an ongoing national debate over the court's legitimacy and possible reforms.
What Is 'Court Packing'?
"Court packing" refers to the proposal to expand the number of Supreme Court justices so a president and Congress can appoint additional members, potentially shifting the court's ideological balance.
The U.S. Constitution does not specify how many justices must serve on the Supreme Court. Congress has changed the court's size several times throughout American history, from six to 10 justices, before settling on the current nine-member court in 1869.
The term "court packing" is most commonly associated with President Franklin D. Roosevelt's unsuccessful 1937 plan to add up to six new justices after the Supreme Court struck down several New Deal programs. Roosevelt argued the court needed younger members to handle its workload, but critics accused him of attempting to reshape the court in his favor. Congress ultimately rejected the proposal.
In recent years, the idea has resurfaced after Republicans secured a 6-3 conservative majority on the court. Some Democrats have argued that expanding the court could rebalance its ideological makeup, while opponents contend that doing so would undermine judicial independence and could lead to repeated expansions whenever control of the White House and Congress changes hands.
Although Buttigieg said he supports expanding the Supreme Court to 13 justices, he framed the proposal as part of a broader package of institutional reforms—including term limits and a "balanced bench" system—rather than simply adding seats to give one political party an advantage.
Contact Newsweek editors on this story: Anna Commander, Edward T. Cummins.
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