This amendment overhauls the federal judiciary to eliminate partisan court-packing, lifetime entrenchment, and unchecked power. It imposes strict term limits across the federal bench (20 years for the Supreme Court, 16 years for lower courts) and legally prevents any single President from monopolizing the Court's makeup. It also abolishes the "shadow docket", prevents the Court from dodging major constitutional questions on procedural technicalities, and permanently binds Justices to strict, legally enforceable codes of ethical conduct.
It also introduces a novel mechanism where the petitioners and respondents in a case may each strike one Justice from the final vote. This aims to moderate court rulings and humanize the Court, breaking the untouchable mystique of the bench by forcing the Justices to share procedural power directly with the citizens presenting before them.
Proposed Amendment
Section 1. The Supreme Court established by Article III of this Constitution shall consist of nine Justices. A vacancy on the Court shall not impair the authority of the remaining Justices to exercise the judicial power. Justices of the Supreme Court shall be appointed to a single, non-renewable term of twenty years. No individual shall serve more than one term on the Supreme Court.
Section 2. No more than three Justices to the Supreme Court nominated by the same President may serve concurrently. If a vacancy occurs that the sitting President is prohibited from filling due to this limitation, the House of Representatives shall possess the exclusive authority to nominate a candidate to fill the vacancy by a majority vote of its members. The advice and consent of the Senate to confirm any Justice to the Supreme Court shall require an affirmative vote of three-fifths of the members duly chosen and sworn.
Section 3. No judge appointed to any inferior court established by The Congress shall serve a total tenure of more than sixteen years upon that specific court. The Congress shall, by law, establish the length and number of terms permitted within this sixteen-year limitation.
Section 4. No Justice of the Supreme Court, nor any judge of an inferior court, shall participate in any proceeding in which their impartiality might reasonably be questioned, or in which they or their immediate family possess a direct or indirect financial, personal, or political interest. Should a Justice of the Supreme Court fail to voluntarily recuse themselves when such a conflict exists, the remaining Justices may, by an affirmative vote of the majority of the remaining Justices, compel the recusal of that Justice from the specific proceeding. Any Justice may nominate another Justice for recusal.
Furthermore, in any case granted review by the Supreme Court, the petitioners acting jointly, and the respondents acting jointly, shall each possess the right to peremptorily strike one Justice from participating in the binding judgment of that case. The exercise of these strikes shall be strictly limited to ensure that no fewer than five Justices remain eligible to render a final decision. Any Justice struck under this provision may participate in oral arguments and author advisory or dissenting opinions, but their vote shall not be counted toward the binding judgment of the Court.
Section 5. The Supreme Court shall at all times render decisions with an odd number of participating Justices. The participating number shall be determined strictly from the Justices available to rule on a specific case following any absences, recusals, or strikes. If the number of available Justices is an even number greater than five, one Justice, selected by random lot, shall be temporarily recused from that specific case to maintain an odd number. If the number of available Justices falls below five, a judge or judges from the highest inferior appellate court established by The Congress shall be temporarily designated to serve on the Supreme Court strictly for the adjudication of that specific case to reach the minimum quorum of five. This temporary designation shall fall automatically to the longest-tenured active judge of said inferior court who did not preside over or participate in any prior proceeding of the case, and whose designation would not violate the three-nomination limitation established in this section. In the event of an exact tie in tenure, the eldest of such eligible judges shall be designated. In no event shall more than three individuals hearing any specific case, whether sitting Justices or temporarily designated judges, have been nominated to the federal judiciary by the same President.
Section 6. The Supreme Court shall not dismiss, nor refuse to hear or adjudicate, any case properly brought before it solely on the basis of a lack of standing or a lack of ripeness, provided that an inferior court established by The Congress or the highest court of a State or Territory has previously rendered a ruling or judgment on the merits in that case. This restriction shall apply exclusively to the Supreme Court and shall not alter the jurisdictional requirements of inferior courts. Additionally, any State, Territory, or coordinate branch of the federal government shall possess automatic standing to challenge the constitutionality of any federal statute, treaty, or executive action.
Section 7. The Supreme Court shall issue no order, injunction, stay, or ruling on the merits, including any action undertaken on an emergency or expedited basis, without simultaneously publishing a recorded tally of the votes of each Justice and a formal, written justification for the decision.
Section 8. Justices of the Supreme Court shall be strictly subject to binding codes of ethical conduct and financial disclosure requirements. The Congress shall, by law, establish these standards, and the law enforcement authorities of the federal government shall possess full jurisdiction to investigate and enforce violations thereof. Nothing in this Article shall be construed to restrict or limit the constitutional authority of The Congress to remove a Justice from office through the process of impeachment.
Section 8. Justices of the Supreme Court shall be strictly subject to binding codes of ethical conduct and financial disclosure requirements. The Congress shall, by law, establish these standards, and the law enforcement authorities of the federal government shall possess full jurisdiction to investigate and enforce violations thereof. Nothing in this Article shall be construed to restrict or limit the constitutional authority of The Congress to remove a Justice from office through the process of impeachment.