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Repairing the Supreme Court
Supreme court, Democracy Austin Winkelman Supreme court, Democracy Austin Winkelman

Repairing the Supreme Court

  • Expand the Court:

    • Increase the number of justices from 9 to 13—matching the number of circuit courts.

    • Distribute workloads more effectively and reduce the concentration of influence in too few hands.

    • Make it harder for billionaires and special interests to buy influence.

  • Redefine Bribery & Enforce Criminal Penalties:

    • Restore strict definitions of bribery that the Court itself has eroded.

    • Make bribery of justices a criminal offense with real consequences, not just small fines.

  • Judicial Review Reform:

    • Codify judicial review explicitly in the Constitution to end the legacy of the 1803 “power grab.”

    • Establish a clear, transparent process for deciding constitutional cases—ending opaque practices like the shadow docket.

  • Limit Elite Capture of Justice:

    • Ensure ordinary Americans—not just the wealthy—have meaningful access to the highest court.

    • Break the cycle where money and privilege dominate outcomes.

  • Acknowledge Law as Power:

    • Recognize, as Critical Legal Studies has argued, that law is often a tool of the powerful to maintain inequality.

    • Reclaim law as a tool for the people, not for entrenched elites.

Why It Matters

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Supreme Court reform
Democracy Austin Winkelman Democracy Austin Winkelman

Supreme Court reform

In light of recent corruption scandals and several controversial Supreme Court decisions, I have been a strong advocate for Supreme Court reforms since 2020. Today, those concerns have expanded to include broader issues, such as accountability, ethics, and judicial overreach.

To address these challenges, I propose the following three reforms:

Ethics Code Enforcement: I support the enforcement of a robust judicial ethics code by an independent, third-party body. This body would be tasked with ensuring transparency and holding Supreme Court justices accountable for unethical behavior. Additionally, we must redefine legal standards for bribery, extortion, influence peddling, and other corrupt actions to close loopholes and strengthen deterrents.

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