Why Every Democratic Candidate Must Address Supreme Court Reform in 2024

The late summer of 2024’s presidential campaign was dominated by headlines about Vice President Kamala Harris distancing herself from bold policy proposals. Many on the left criticized her shift toward the center, but the real issue was far more consequential. Harris and her Democratic colleagues faced a structural barrier: the Supreme Court’s conservative majority, led by Chief Justice John Roberts, held veto power over any legislation or executive action not aligned with their agenda.

This was not just another political pivot—it was an existential crisis. The Court’s conservative bloc, through what critics describe as legal chicanery, has reshaped American governance to favor Republican priorities. Their rulings have systematically dismantled the Democratic Party’s ability to implement policy, while simultaneously targeting the electoral power of Democratic voters. For every Democratic candidate running for federal office, the question is urgent: How will they change the Supreme Court?

Chief Justice Roberts dismissed concerns about the Court’s politicization this week, arguing that public criticism of the judiciary as a political actor is misplaced. He stated,

“I think they view us as truly political actors, which I don’t think is an accurate understanding of what we do.”

The Court’s 2024 ruling in Loper Bright Enterprises v. Raimondo exemplified this trend. By overturning Chevron deference, the Court stripped the executive branch of its ability to interpret and implement laws passed by Congress. This decision cripples the administrative state—a critical tool for Democrats who rely on federal agencies to execute policy. Without Chevron, even well-intentioned legislation risks being nullified by judicial fiat.

But the damage extends beyond administrative law. The Court’s embrace of the “major questions doctrine” has further insulated its rulings from democratic accountability. This doctrine, a recent judicial invention, allows the Court to strike down regulations on vague grounds of “major significance,” effectively giving conservative justices unchecked power to block policies they disfavor.

For Democrats, the stakes could not be higher. The Court’s conservative majority has not only undermined their governance capacity but also targeted the foundations of democratic participation. As the 2024 midterms approach and the presidential race heats up, candidates must confront this reality head-on. The question is no longer about policy proposals—it is about structural reform of the Supreme Court to restore balance and democratic legitimacy.