Changes to the Supreme Court have been tried before, and all have failed

President Joe Biden unveiled his proposal for reforms to the Supreme Court after frustration with the high court’s recent opinions, but it was not the first time changes to the top of the judiciary have been floated.

While the Supreme Court has largely stayed the same structurally until 1869, there have been several attempts to change the status quo in the more than 150 years since. Here is a look at notable efforts to make changes to how the high court operates during that span.

Left-wing attempts to limit court’s power in early 20th century

In the early 20th century, several Supreme Court decisions angered liberals in the Senate, leading to several proposals for reform to the judiciary.

One of the proposals from the Left came from former Sen. Robert Owen (D-OK) in 1912, when he attempted to pass legislation to allow Congress to recall a federal judge by vote of a simple majority of both chambers. Six years later, he attempted to include a provision in a child labor bill that would have exempted it from the Supreme Court from overturning it.

Another notable proposal came from former Sen. William Borah (R-ID) in 1923, when he proposed legislation to require a 7-2 majority for the Supreme Court to strike down a law passed by Congress — as opposed to a simple majority of 5-4.

Roosevelt’s attempts to “pack” the court

Former President Franklin D. Roosevelt also became frustrated with the opinions of the high court, which struck down several parts of his “New Deal” programs in the 1930s and made the most infamous threat to “pack” the court with politically aligned justices.

After several defeats in court, Roosevelt proposed the Judicial Procedures Reform Bill of 1937. Roosevelt claimed his proposal to add up to six more justices, or one for each justice that was over 70 years old, was to lighten the work load for the justices, but it was widely viewed as an attempt to tip the court in his favor.

Former Chief Justice Charles Evans Hughes testified before Congress that the court was not behind on its work, and the proposal died in Congress. It was the most publicized effort to make significant reforms to the court until recent years.

Biden and Democrats’ proposed term limits

Frustrated by various Supreme Court opinions under the conservative majority, congressional Democrats and Biden have proposed various changes to the Supreme Court.

Biden outlined his three major proposals earlier this week, including overturning the court’s recent decision on presidential immunity via a constitutional amendment, instituting term limits of 18 years for each justice, and an overhauled ethics code.

Congressional Democrats have introduced legislation to modify the term limits and institute an ethics code, but questions remain about whether a constitutional amendment may be necessary for such changes.

Currently, Supreme Court justices enjoy a lifetime appointment, as outlined in Article III of the Constitution. Instilling an ethics code has also raised concerns about the separation of powers.

While none of the proposals appear likely to pass through a Republican-held House of Representatives, Senate Majority Leader Chuck Schumer (D-NY) has indicated that if Democrats sweep in November, reforms to the court will be a top priority.