Third Way Pushes Supreme Court Term Limits and Ethics Code Into 2028 Democratic Agenda

Key points

• Third Way released a memo proposing 18-year term limits for justices, which would result in two new appointments per presidential term.
• The proposal calls for a congressionally mandated, enforceable ethics code, replacing the current self-regulatory system adopted in 2023.
• Third Way explicitly rejects the idea of expanding the number of justices, labeling it a 'mutually assured destruction' strategy.
• The group aims to integrate these reforms into the 2028 presidential primary debates to pressure candidates to take a stance.
• Legislative action is currently blocked as Republicans control the White House and Senate, while Democrats hold the House.

Background

This push follows a period of heightened tension regarding the Supreme Court’s role in redistricting and immigration. In September 2026, the Court blocked Missouri from using a new congressional map for the third time, citing electoral chaos. Additionally, the House recently rejected a Republican-backed constitutional amendment to permanently cap the Court at nine justices. These events highlight the ongoing struggle over the Court’s size and jurisdiction, with public trust in the institution at historic lows.

How outlets are covering it

Third Way and Politico emphasize the need for moderate, structural reforms to restore legitimacy, citing polling from the Brennan Center and Fox News that shows over 70% of Americans support term limits. They argue that the center-left has been too passive, allowing the progressive left to dominate the conversation. In contrast, the Santa Monica Democratic Party (SMDP) takes a more radical stance, arguing that term limits are insufficient and that federal judges should be subject to direct democratic accountability via the ballot box, similar to state courts. While Third Way focuses on legislative fixes to the current system, SMDP advocates for a fundamental shift in how the judiciary is selected, suggesting that the current system has become an 'unelected tribunal' that defies democratic will.

Why it matters

The proposal signals a potential shift in the Democratic Party’s strategy for the 2028 cycle, moving away from purely partisan appointments toward structural changes that could appeal to moderate voters. If successful, these reforms could alter the balance of power in the judiciary and reduce the political stakes of individual appointments. However, the lack of legislative majority means these ideas remain largely rhetorical for now, serving as a tool to pressure candidates and shape the party’s platform ahead of the next presidential election.

What to watch

Third Way expects to push these issues into the 2028 presidential primary debates, requiring candidates to state their positions on court reform. In the short term, Democratic leaders like House Minority Leader Hakeem Jeffries will continue to advocate for an ethics code, though passage is unlikely without a unified Democratic government. The group will likely monitor public opinion and legislative momentum in the House, where some members have already introduced similar proposals, to gauge the feasibility of these reforms in the coming years.