The legislation, the Supreme Court Biennial Appointments and Term Limits Act, would establish 18-year terms for the justices, establish a schedule for appointing a new justice every two years, and allow only the nine most recent justices to hear the landmark appellate cases that land in the court.
The legislation was introduced by Senators Sheldon Whitehouse (D-RI), Cory Booker (D-NJ), Richard Blumenthal (D-CT), and Alex Padilla (D-CA).
Reacting to the controversial bill, attorney Mike Donnelly told American Family Radio it is true the U.S. Constitution gives Congress a “lot of authority” regarding the U.S. Supreme Court.
The role of the court and its justices is described in Article III, Section 1, of the Constitution. In Section 2, the document mentions the role of Congress under what is known as the Exception Clause.
“It seems to me, very clearly, that Congress has the authority to do that under the Constitution,” he advised. “So I think they can get away with what they're doing here."
Donnelly, whose legal focus is constitutional issues, told show host Jenna Ellis the bill is controversial because Democrats introduced it. He pointed out, however, that Republicans have floated similar ideas going back many years.
“It's the laundry list of all the left organizations, because they're losing and they're upset about it,” Donnelly said. “But that doesn't mean it's a terrible idea, and so I think it's something we should talk about.”
Democrats on Capitol Hill, in recent years, have become enraged over landmark rulings from the right-leaning court. Those decisions have upheld parental rights and religious freedom, and struck down abortion rights, affirmative action, and strict gun laws, among other political and cultural losses to liberal ideology.
The high court overturning Roe v Wade in 2022 was among the biggest triggers on the abortion-supporting political Left.
The most famous and unhinged reaction came from Sen. Chuck Schumer, who threatened two justices by name (pictured at left) if the landmark Roe ruling is overturned by the nine-member court.
“I want to tell you, Gorsuch. I want to tell you, Kavanaugh,” Schumer said at an abortion-rights rally outside the court. “You have released the whirlwind, and you will pay the price!”
Among the new bill’s co-sponsors, Sen. Whitehouse has said “right-wing special interests” have corrupted the conservative justices and made the court “unaccountable” to the American public.
Sen. Blumenthal has accused Trump-appointed justices of being “rogue, activist” justices and called the court a “MAGA extremist takeover.”
“Political pushback is the ultimate accountability,” Sen. Padilla, who says the court is too partisan, has said of oversight from Congress.
