George Conway Has a Practical, Doable Idea for Supreme Court Reform

George Conway presents a constitutional approach to Supreme Court reform that sidesteps the usual court packing and term limits debates.

The Supreme Court desperately needs reform, but most proposals run into constitutional roadblocks. Court packing requires powers the president doesn’t have due to separation of powers. Term limits contradict Article 3 of the Constitution, which guarantees federal judges lifetime appointments.

George Conway of The Bulwark offers an alternative: mandatory senior status at age 72. This mechanism already exists for circuit court judges at the appellate court level. Senior status allows judges to remain on the court for life while reducing their caseload and removing them from the active panel of nine justices. This creates openings for new nominations without violating constitutional requirements.

The senior status approach works within existing constitutional frameworks. Federal judges, whether on district courts, circuit courts, or the Supreme Court, are all Article 3 judges with identical constitutional protections. The only difference is which court they serve. Senior status judges maintain their salary and judicial authority but step back from primary responsibilities while remaining available for specialized functions and filling in during absences.

This creative solution could gain political traction when Democrats control the House, Senate, and White House simultaneously. Unlike court packing or term limits, senior status reform doesn’t require constitutional amendments or challenge separation of powers principles. The precedent exists throughout the federal judiciary, making implementation legally straightforward.