Democrats to Probe Supreme Court Justices in 2026
Senate and House Democrats plan subpoenas of justices once they take majorities in January, drawing a lawfare objection from a Missouri senator.
Updated on Nov. 6, 2026 in Law
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Should Congress investigate and subpoena Supreme Court justices over ethics concerns?
Democrats plan to investigate and issue subpoenas to Supreme Court justices when they assume the House and Senate majorities in January. Sen. Eric Schmitt, R-Mo., called the plan lawfare and warned it threatens separation of powers.
Why it matters
The plan would test the boundaries of congressional oversight over the high court, which currently has no binding ethics code, according to Rep. Jamie Raskin. Its outcome could shape how future Congresses use subpoena power against the judiciary.
Sen. Sheldon Whitehouse, D-R.I., is expected to chair the Senate Judiciary Committee, and Rep. Jamie Raskin, D-Md., is expected to lead the House Judiciary Committee. Raskin has proposed expanding the Supreme Court to 13 justices, a figure Whitehouse has not endorsed, and the scope of any investigation remains undefined.
The players
Sheldon Whitehouse
Democratic senator from Rhode Island, expected to chair the Senate Judiciary Committee, and ranking member of its Federal Courts subcommittee.
Jamie Raskin
Democratic representative from Maryland, expected to lead the House Judiciary Committee, and a longtime advocate of Supreme Court expansion.
Eric Schmitt
Republican senator from Missouri who warned the plan threatens separation of powers and called it lawfare.
The details
Whitehouse and Raskin are coordinating the effort and meet monthly to plan. Whitehouse said in August 2025 in Des Moines, Iowa, that a Senate GOP minority could filibuster a Senate subpoena but cannot block a House subpoena from Raskin.
Timeline
August 2025: Whitehouse made subpoena remarks in Des Moines, Iowa.
October 2025: Raskin criticized the Supreme Court's lack of a binding ethics code in a CNN interview.
January 2026: Democrats are expected to assume majorities and can begin subpoena investigations.
Political Context
Subpoenas of executive officials have been a standard congressional tool for decades, but targeting sitting justices would be a departure from practice. Opponents such as Schmitt argue that such action would strain the constitutional separation between the branches.
If the investigations proceed, Supreme Court justices could be compelled to testify or produce records before Congress for the first time under a Democratic majority. The outcome could influence public confidence in the court's ethics standards.
The takeaway
Watch whether the planned subpoenas move forward in January, since they would mark a new test of congressional authority over the Supreme Court's ethics practices.
What happens next
Democrats are expected to assume House and Senate majorities in January 2026, when subpoena investigations of Supreme Court justices could begin.
Further reading
Explore more in United States Law for context on congressional oversight of the courts.
Live Poll
Should Congress investigate and subpoena Supreme Court justices over ethics concerns?
