Kiana Pichardo was not born when Justice Clarence Thomas was appointed to the Supreme Court in 1991.

Pichardo, a Gen Zer living in New York City, thinks age gaps between the older justices and the general population indicates a disconnect.

“The decisions they’re making don’t really affect them. It affects us, the younger people, because it’s things that we’re going to have to be living with,” Pichardo said. 

The two eldest sitting justices are Thomas at 78 and Samuel Alito at 74. Age related complaints, coupled with criticisms of lifetime appointments and ethical concerns with the Court, have gained traction in recent years.

SCOTUS is under particularly increased scrutiny these days as it returned to session Oct.7, just a few weeks before the presidential election on Nov. 5. 

The Court starting up during the last stretch of the 2024 election cycle has reminded voters and experts of how politics influence justices.

“Politics change and because our Court is not insulated from politics – we have to keep in mind that our Supreme Court is supposed to be objective and neutral – but how can it be perfectly that?” said Anita Allen, a law professor at the University of Pennsylvania who specializes in constitutional law, civil rights and ethics. 

“A political entity – namely the president, a political entity, namely Congress – they’re the ones who get people on the court. And they have, definitely, a political agenda. So, there’s no possibility we can have a court that’s going to be completely neutral,” she said.

‘Hope there’s change’

Chief Justice John Roberts and associate justices Alito, Thomas, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson currently serve alongside Brett Kavanaugh, Amy Coney Barrett and Neil Gorsuch. The former three justices were seated by Republicans in 2005, 2006 and 1991, respectively. The latter three were seated by Democrats in 2009, 2010 and 2022. Former President Donald Trump appointed Kavanaugh, Barrett and Gorsuch.

Allen said if elected, Trump may have the chance to pick two additional justices and Harris likely would not have the chance to pick any. Retirement rumors are rumbling for Thomas and Alito, and Allen said they would likely only retire if Trump were elected so he could pick their replacements.

Most voters want an ideologically balanced court that rules fairly. But, favorable views of the Court remain near historic lows: About a quarter of Democrats and blue-leaning independents have a favorable view of the Court, according to an August 2024 study published by Pew Research. In general, 48 percent of Americans view the Court as conservative while 42 percent see it as “middle of the road,” the study found. 

Harris supporters see the current SCOTUS makeup as far right.

“It’s just not very good right now for the country. It really, really isn’t. I think there should be more of a balance,” Glen Williams of Gen X said.

Pichardo added, “I hope there’s change. I really do because the way that it currently is, I’m not very confident in this country.”

Allen said discontentment with SCOTUS among Harris supporters is driving voters to the polls.

“The public can have a direct impact on the Court just by voting in the presidential election,” Allen said. 

‘So blatantly political’

Republicans and Democrats have made future appointments a part of their get out the vote efforts.

Trump has bragged about how his changes to the Court are responsible for the overturning of Roe v. Wade in 2022, which Harris has used as fuel to encourage her supporters to vote for change.

Several past presidential election dates have coincided with bombshell impacts on the Supreme Court. 

In 2020, Ruth Bader Ginsburg died five weeks before voters chose President Joe Biden over Trump. But, Trump had already appointed Barrett to replace Ginsburg and the Senate confirmed her before Trump was ousted. 

In 2015, former President Barack Obama appointed Merrick Garland to SCOTUS. But, Republican Senators refused to schedule a confirmation hearing in Obama’s last year in office and said it was too lasting of a decision for an outgoing president to make. These two incidents paved the way for Trump to pick three justices – Brett Kavanaugh, Amy Coney Barrett and Neil Gorsuch – to cement a 6-3 conservative majority. 

Shortly after Obama was inaugurated for the first time in January 2009, he appointed Sonia Sotomayor to SCOTUS that May. Justice David Souter retiring created a vacancy.

The Court’s current leaning has been heavily scrutinized since it overturned Roe and Affirmative Action in 2023. High profile decisions from last session include ruling that Trump is party immune from prosecution on charges that he acted to subvert the 2020 election.

“I think the Court is in trouble,” Allen said. “Trouble from the point of view of public opinion and confidence in the Court is definitely faltering because it seems so blatantly political.”

SCOTUS has been criticized for tying retirements to presidential elections and it is among the ethical concerns more voters have voiced in recent years. Alito and Thomas specifically have been accused of failing to report trips financed by wealthy Republican donors. Thomas defending his wife, Ginni Thomas’, involvement in the Jan. 6 Capitol riot and Alito flying a U.S. flag upside down, a symbol the insurrectionists used, outside his home has received scathing outcries from Harris supporters.

Pichardo said these types of discrepancies are why she is voting for Harris.

“If they make a decision that I don’t agree with, and a presidential candidate agrees with that, I wouldn’t be too down with that,” she said. “There’s definitely some things that have been happening recently that I just can’t agree with.

Williams said the potential for more Trump picks to the bench “would probably just make things worse for all Americans, whether most Americans realize it or not.”

“God forbid if the Republicans – Donald Trump – gets back in office, he could possibly stack more people – Republicans, conservatives – on the Court,” he said.

“I plan to vote for Kamala Harris,” Williams added. “I think she would have common sense and pick the right person for the position that could balance out what is now a conservative-heavy court.”

SCOTUS Reform

SCOTUS adopted a code of ethics last November for the first time in its history amid outcry that the conservative majority has led to biased personal actions and rulings.

Allen said enacting term limits to replace current lifetime appointments would keep younger justices on the bench. Term limits and other reform options have been discussed over the years but none have stuck yet.

“When you have so many very elderly people deciding our future, then we’re going to be stuck in the past,” Allen said. “I think one of the reasons why we have some of these bad decisions is not just because of the politics, but because of the generational shifts in our country, which mean that the justices are out of touch with what society’s actual needs are.”

Allen also supports expanding the court, but it wouldn’t be as impactful if lifetime appointments still exist, she said.