Democrats’ projected control of both chambers of Congress could reopen debate over changes to the Supreme Court, but party leaders have not yet set out a detailed court-reform agenda. The Associated Press called Democratic control of the Senate late on Nov. 3 and the House early on Nov. 4; CBS News projected at least 54 Democratic Senate seats and estimated the party would hold between 251 and 268 House seats.
House Democratic Leader Hakeem Jeffries said in a Nov. 4 letter announcing his bid for speaker that Congress should “clean up the mess at the Supreme Court.” CBS News said Democrats had yet to set their agenda, and Jeffries’ letter named no specific court proposal.
Several proposals are already on file. The Supreme Court Ethics, Recusal, and Transparency Act, introduced by Sen. Sheldon Whitehouse in 2025, would require an ethics code and create a process for investigating complaints against justices. The bill calls for a randomly selected panel of five federal circuit chief judges to review complaints.
Other proposals would impose 18-year terms on justices through a constitutional amendment or expand the court from nine to 13 members. The term-limit proposal requires two-thirds support in both chambers and ratification by three-fourths of the states; the expansion bill was referred to the House Judiciary Committee.
The Senate is a major obstacle for ordinary legislation: its rules generally require 60 votes to end debate. CBS News projected Democrats would have at least 54 Senate seats, leaving them in need of support from outside their caucus if they fell short of the 60-vote threshold.
