Term limits would help usher out judges Discuss the pros and cons of lifetime appointment for Supreme Court justices [1] In the wake of this appointment, South Bend, Indiana, Mayor Pete Buttigieg, then also a 2020 presidential candidate, suggested expanding the court to 15 justices in the Oct. 15, 2019, Democratic presidential debate. [5] [7] [9], Others argued as well that, since there was a chance that the results of the 2020 election could be challenged in the courts, and perhaps even at the Supreme Court level (due to concerns over the handling of mailed-in ballots), it was critical for an odd number of justices to sit on the Court (for an even number, such as eight, could mean a split 4-4 decision on the critical question of who would be deemed the next U.S. president, sending the country into a constitutional crisis). Term limits appear to be more popular than expanding the court: Among respondents to a Morning It would also provide a more regular and greater degree of turnover among the judges. Weblunch | 7.2K views, 218 likes, 6 loves, 22 comments, 11 shares, Facebook Watch Videos from AYV News: AYV MEDIA EMPIRE LUNCH TIME SHOW THIS DAY!! Once appointed to the United States Supreme Court, justices may enjoy the benefits of lifetime appointment. [1] Justice Ginsburgs sudden death after serving 27 years on the Supreme Court has reignited a popular debate: Should the Supreme Court have term limits? ", ProCon.org. if(subscribe.checkValidity()) { 
It is a rare opportunity that few ever get to experience.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'ablison_com-medrectangle-4','ezslot_7',618,'0','0'])};__ez_fad_position('div-gpt-ad-ablison_com-medrectangle-4-0'); A Supreme Court justice, as the name suggests, is appointed for life. First, the Act should be adopted to politically balance the Court by giving each president an equal amount of nominations. Web[23]. Our extensive research on the Supreme Court shows life tenure, while well-intended, has had unforeseen consequences. procon@eb.com, 2023 Encyclopaedia Britannica, Inc. Even England the country on which the U.S. model is based no longer grants its Supreme Court justices life tenure. It is an eternal gift of justice that can benefit generations to come. 3. Amy Coney Barrett was confirmed by the Senate on Oct. 26, 2020 with a 52-48 vote to replace Justice Ginsburg, eight days before the 2020 election. The court was founded in 1789 with six justices, but was reduced to five in 1801 and increased to six in 1802, followed by small changes over the subsequent 67 years. This can be problematic. if(subscribe.checkValidity()) { Bell/Library of Congress/Corbis/VCG via Getty Images, Presidential Commission on the Supreme Court of the United States, Facilities Development and Maintenance Coordinator, Alumni and Community Engagement Coordinator. [6] Although there is public support for term limits, enacting them is more complicated. Why or why not? Brainstorm and research what the ideal Supreme Court might look like and how to achieve that ideal. 
Consider how many justices, the nomination and approval process, term limits, and other ideas. ], Copyright 20102023, The Conversation Media Group Ltd. Justice Anthony Kennedy receiving the 2019 Liberty Medal from Justice Neil Gorsuch. [24] Rick Pearson & Jason Meisner, President Trump Officially Nominates Chicago Federal Judge and Ex-Notre Dame Law Professor Amy Coney Barrett to Supreme Court, Setting Up a Bitter Confirmation Confrontation in Senate, Chicago Tribune (Sept. 26, 2020) https://www.chicagotribune.com/politics/ct-amy-coney-barrett-trump-supreme-court-nomination-ginsburg-20200925-sro7jixc55gk7e5idsqokxuxg4-story.html. [18] Id. List two to three ways. Life Tenure Is Too Long for Supreme Court Justices Allowing Supreme Court justices to serve for life is causing too many problems. However, please note that the content provided on our website is for informational and educational purposes only, and should not be considered as professional financial or legal advice. Justice Clarence Thomas was appointed by President George H.W. Both developments would, in my view, be healthy ones. Future Chief Justice John Roberts2. [23] The increasing partisanship of the process paints justices as political figures instead of nonbiased interpreters of the Constitution, which in turn negatively affects how Americans view the Court. [16] Even though a little less than half of the presidents over the last 50 years have been Republican. [7] This is because Article III Section 1 of the Constitution states, The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour . However, the Constitution was ratified in 1787 when the average life expectancy for a white male in the US was about 38 years. Pros And Cons Of Privatizing Air Traffic Control, Pros and Cons of Holding a Child Back in Kindergarten, Pros and Cons of QuickBooks Online vs Desktop, Pros And Cons Of Leisure World Seal Beach, Pros And Cons Of Alternative Work Schedules, Pros And Cons Of A Centralized Police Force. Why or why not? 
As liberals fear losing their grip on the U.S. Supreme Court after a confirmation of Judge Amy Coney Barrett, their most common solution seems to be to pack the court with more justices when they get the ability to make such appointments. Another concern is that term limits would give justices heightened political and financial incentives to set themselves up for their next job through their legal opinions before fully resigning from the bench.20 There is, of course, nothing preventing a corrupt justice from doing so now in the hopes of gaining greater fame or wealth. It is also important to note that we may have financial relationships with some of the companies mentioned on our website, which could result in receiving free products, services, or monetary compensation in exchange for featuring their products or services. Michael H. McGinley, JD, lawyer and former Supreme Court law clerk for Justice Alito, argued that packing the court would threaten the rule of law and judicial independence. He reasoned, While the press tends to focus on the small handful of 5-4 decisions in high-profile cases, the justices more often find themselves in broad agreement on the most difficult legal issues of the day. But Project 21 Co-Chairman Horace Cooper points out that a bipartisan consensus A third approach to interpreting the good behavior requirement in Article III Section 1 of the Constitution points out that it does not expressly grant life tenure to Supreme Court justices.[13] This means the requirement of having justices serve during good behavior could be met by a law allowing justices to continue their service on another federal court after they serve on the Supreme Court. Also, President Trump lost the popular vote, so him getting his third appointment makes the Court seem less in tune with the public. Read on to learn more about the opportunities and challenges of a Supreme Court justice life term. Its a slippery slope that would Which court would be better served by more frequent turnover in its membership? Below are the proper citations for this page according to four style manuals (in alphabetical order): the Modern Language Association Style Manual (MLA), the Chicago Manual of Style (Chicago), the Publication Manual of the American Psychological Association (APA), and Kate Turabian's A Manual for Writers of Term Papers, Theses, and Dissertations (Turabian). Read on to learn why Supreme Court justices serve for life, and what those lifetime appointments entail. The idea of lifetime appointment comes from Article III of the U.S. Constitution, explains Burt Neuborne, Norman Dorsen Professor of Civil Liberties and founding Legal Director of NYU Law Schools Brennan Center for Justice. The Supreme Court relies on public confidence to maintain its legitimacy. This means that once appointed, they have no term limits and their post is secure until their death, retirement, or impeachment. [11] According to the living Constitution approach, the Framers did not intend for justices to serve for as long as they do now because life expectancy was significantly shorter. The Supreme Court is largely balanced. Moreover, any term-limit proposal could be coupled with reforms to address these existing problems. Currently, the House has a strong Democrat majority, but the Senate has a Republican majority. Managing Editor Push for the position and policies you support by writing US national senators and representatives. In addition, because the ease of the position has grown and the workload has decreasedlong gone are the days of large dockets, circuit riding, and working without clerksjustices are more likely to stay on the bench for long periods of time.4. , an advocacy organization dedicated to improving the lives of all Americans. Serving on the Supreme Court for life is a great honor, but it is a decision that should not be taken lightly. American Progress would like to acknowledge the many generous supporters who make our work possible. Regular upheavals in law have long been raised as a potential negative outcome to term limits. 325 N. LaSalle Street, Suite 200 An 18-year nonrenewable limit is overwhelmingly the most common proposal, although Chief Justice Roberts once expressed support for a 15-year term.10 Justice Breyer has argued that an 18-year term period would give justices enough time to fully learn the job and develop jurisprudencea position bolstered by the fact that many justices have voluntarily retired after a similar period of service on the court.11 Moreover, under advocacy organization Fix the Courts bipartisan model, the 18-year term would be staggered so that a vacancy would open every two years. We are committed to helping our readers make informed decisions about their finances, and encourage you to explore our site for helpful resources and insights. . Many Supreme Court experts have coalesced around a solution to these problems: staggered, This growth in power has contributed to the political nature of the confirmation process. The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. This likely reflects eroding public confidence as the court routinely issues decisions down partisan lines on the days most controversial issues. 
About 60 percent of people oppose lifetime Supreme Court appointments, according to a CBS News poll of about 1,000 people last year. Among those federal judges who have fully retired from the bench, the most commonly stated reasons for doing so collected through surveys were return to private practice, appointment to other office, and inadequate salary.23 From 1970 to 2009, just two judges resigned to run for office, although approximately 18 total left the bench for another state or federal appointment. Because there is no regularity in vacancies and each justice can now be easily expected to sit on the court for multiple decades, Senate leaders have a strong incentive to upend the confirmation process in order to secure a justice appointed by a president of their same political party.7 In addition, presidents are incentivized to select nominees with records that demonstrate they will likely rule in lockstep with that partys ideology. Like it or not, one of the driving factors Furthermore, it is important to keep in mind the significant changes that have occurred within Supreme Court jurisprudence. The post Why Do Supreme Court Justices Serve for Life? A judge insulated from the normal currents of life for twenty-five or thirty years was a rarity then, but is becoming commonplace today. Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. Court packing could signal a new era of non-partisanship in the Supreme Court. Lindgren, a former classmate and colleague of Merrills at the University of Chicago and Northwestern respectively, began the debate advocating a constitutional amendment instituting term limits for Supreme Court justices. Instead, Article III, Section 1, Last modified on June 30, 2022. [17] Ideally, about half of the justices should have been appointed by Democratic presidents and half by Republican presidents to reflect the majority of the countrys political ideology at the time of the vacancy. At Ablison.com, we believe in providing our readers with useful information and education on a multitude of topics. Supreme Court justices in the U.S. enjoy life tenure. Fourth, the tense political climate along with approaching elections heightens the need for term limits. Pros and cons exist for both options for reshaping the court. Bush at age 43 in 1991 and famously said he would serve for 43 years. The Act would balance the number of justices that each president can nominate, which would help the confirmation process become less partisan. [1] [2], As the Supreme Court FAQs page notes, The Constitution places the power to determine the number of Justices in the hands of Congress. The U.S. Constitution doesnt specifically grant Supreme Court justices a lifetime appointment. 2. Another issue with life terms is that, without term limits, justices can become complacent in their positions and lose their sense of urgency. The number of justices reached eight before Congress, after Johnson had left office, adopted new legislation (1869) setting the number at nine, where it has remained ever since. [3], The idea of court packing dates to 1937 when President Franklin D. Roosevelt proposed adding a new justice to the Supreme Court for every justice who refused to retire at 70 years old, up to a maximum of 15 justices. Were stuck with a situation where justices effectively captured by their law clerks make decisions without necessarily referencing the views of the polity., Pros and Cons of Potential Term Limits for Supreme Court Justices, Constitutional Law, Regulation, and Public Policy, Corporate, Business, and Transactional Law, Public Interest and Public Service Careers, Consumer Information (ABA Required Disclosures). At the time, there were 342 days remaining in Obamas presidency, 237 days until the 2016 election, and neither the 2016 Democratic nor Republican nominee had been chosen. Pros and cons exist for both options for reshaping the court. subscribe.submit(); It would help insulate the court from becoming a campaign issue because vacancies would no longer arise during election years. The size of the court has sometimes been subject to political manipulation; for example, in 1866 Congress provided for the gradual reduction (through attrition) of the court to seven justices to ensure that President Andrew Johnson, whom the House of Representatives later impeached and the Senate only narrowly acquitted, could not appoint a new justice. There is no fear of being replaced or having to step down due to term limits, which allows justices to make informed decisions without fear of political repercussions. [24] Without term limits, Judge Barret could be on the Supreme Court for several decades as she is only 48. Would the Court be any better if we the people were able to elect our justices? As a result, the confirmation process for the highest court has become politically divisive, with extremely narrow votes and theatrics from the nominees themselves. https://qz.com/1324841/brett-kavanaughs-age-at-53-means-that-he-may-wield-influence-on-the-supreme-court-for-a-very-long-time/#:~:text=Thats%20about%20where%20it%20was,the%20court%20was%20around%2053. It is the final arbiter of the law, resolving disputes between the states and the federal government, and deciding the constitutionality of laws. 
To end the justices life tenure would likely mean a constitutional amendment requiring approval from two-thirds of both houses of Congress and three-fourths of U.S. states. https://www.gwlr.org/wp-content/uploads/2012/08/78-6-Lerner-Lund.pdf, https://fixthecourt.com/2019/07/termlimits/, https://www.senate.gov/artandhistory/history/minute/Filibuster_Derails_Supreme_Court_Appointment.htm, https://americanprogress.org/issues/democracy/news/2019/04/03/468234/conservative-court-packing/, https://www.washingtonexaminer.com/policy/courts/stephen-breyer-not-keen-on-adding-seats-to-supreme-court-nine-is-fine, https://www.ocregister.com/2013/08/04/erwin-chemerinsky-supreme-court-needs-term-limits/, https://www.nytimes.com/2018/09/18/opinion/columnists/brett-kavanaugh-supreme-court-term-limits.html, https://fixthecourt.com/2019/07/dozens-legal-scholars-demand-term-limits-supreme-court-justices/, https://fixthecourt.com/2019/12/conservative-thinkers-endorse-scotus-term-limits/, https://www.cnn.com/2019/09/30/opinions/supreme-court-term-limits-law-roosevelt-vassilas/index.html, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3334545, https://law.stanford.edu/2020/06/30/retaining-stare-decisis-in-june-medical-services-v-russo/, https://www.pewforum.org/2007/06/14/after-gonzales-v-carhart-the-future-of-abortion-jurisprudence/, https://www.uscourts.gov/sites/default/files/apptsbypres.pdf, https://fixthecourt.com/2020/03/scotus-term-limits-final-period-problem/, https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1005&context=penn_law_review, https://www.nytimes.com/2008/05/18/opinion/18sun3.html, Association of American Law Schools, 2016 AALS Annual Meeting A Conversation with the Honorable Stephen Breyer, U.S. Supreme Court, YouTube, March 28, 2016, available at, Gwynn Guiford, 117 years of data show why todays Supreme Court nominees have more influence than ever, Quartz, July 10, 2018, available at, Craig S. Lerner and Nelson Lund, Judicial Duty and the Supreme Courts Cult of Celebrity,, Fix the Court, Term Limits: The Justices Own Answer to the Broken SCOTUS Confirmation Process, July 7, 2019, available at, Jennifer E. Manning, Membership of the 116. Court would be better served by more frequent turnover in its membership the lives all. On which the U.S. enjoy life tenure is Too Long for Supreme Court justices serve... Serve for life is a decision that should not be taken lightly be taken lightly House has a majority. That once appointed to the United States Supreme Court relies on public confidence to maintain its legitimacy what... Each president an equal amount of nominations he would serve for life is a great honor, but the has! Of nominations title= '' Eighteen is Enough until their death, retirement or... George H.W is only 48 presidents over the last 50 years have been.... 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It is a rare opportunity that few ever get to experience.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'ablison_com-medrectangle-4','ezslot_7',618,'0','0'])};__ez_fad_position('div-gpt-ad-ablison_com-medrectangle-4-0'); A Supreme Court justice, as the name suggests, is appointed for life. First, the Act should be adopted to politically balance the Court by giving each president an equal amount of nominations. Web[23]. Our extensive research on the Supreme Court shows life tenure, while well-intended, has had unforeseen consequences. procon@eb.com, 2023 Encyclopaedia Britannica, Inc. Even England the country on which the U.S. model is based no longer grants its Supreme Court justices life tenure. It is an eternal gift of justice that can benefit generations to come. 3. Amy Coney Barrett was confirmed by the Senate on Oct. 26, 2020 with a 52-48 vote to replace Justice Ginsburg, eight days before the 2020 election. The court was founded in 1789 with six justices, but was reduced to five in 1801 and increased to six in 1802, followed by small changes over the subsequent 67 years. This can be problematic. if(subscribe.checkValidity()) { Bell/Library of Congress/Corbis/VCG via Getty Images, Presidential Commission on the Supreme Court of the United States, Facilities Development and Maintenance Coordinator, Alumni and Community Engagement Coordinator. [6] Although there is public support for term limits, enacting them is more complicated. Why or why not? Brainstorm and research what the ideal Supreme Court might look like and how to achieve that ideal. Consider how many justices, the nomination and approval process, term limits, and other ideas. ], Copyright 20102023, The Conversation Media Group Ltd. Justice Anthony Kennedy receiving the 2019 Liberty Medal from Justice Neil Gorsuch. [24] Rick Pearson & Jason Meisner, President Trump Officially Nominates Chicago Federal Judge and Ex-Notre Dame Law Professor Amy Coney Barrett to Supreme Court, Setting Up a Bitter Confirmation Confrontation in Senate, Chicago Tribune (Sept. 26, 2020) https://www.chicagotribune.com/politics/ct-amy-coney-barrett-trump-supreme-court-nomination-ginsburg-20200925-sro7jixc55gk7e5idsqokxuxg4-story.html. [18] Id. List two to three ways. Life Tenure Is Too Long for Supreme Court Justices Allowing Supreme Court justices to serve for life is causing too many problems. However, please note that the content provided on our website is for informational and educational purposes only, and should not be considered as professional financial or legal advice. Justice Clarence Thomas was appointed by President George H.W. Both developments would, in my view, be healthy ones. Future Chief Justice John Roberts2. [23] The increasing partisanship of the process paints justices as political figures instead of nonbiased interpreters of the Constitution, which in turn negatively affects how Americans view the Court. [16] Even though a little less than half of the presidents over the last 50 years have been Republican. [7] This is because Article III Section 1 of the Constitution states, The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour . However, the Constitution was ratified in 1787 when the average life expectancy for a white male in the US was about 38 years. Pros And Cons Of Privatizing Air Traffic Control, Pros and Cons of Holding a Child Back in Kindergarten, Pros and Cons of QuickBooks Online vs Desktop, Pros And Cons Of Leisure World Seal Beach, Pros And Cons Of Alternative Work Schedules, Pros And Cons Of A Centralized Police Force. Why or why not? As liberals fear losing their grip on the U.S. Supreme Court after a confirmation of Judge Amy Coney Barrett, their most common solution seems to be to pack the court with more justices when they get the ability to make such appointments. Another concern is that term limits would give justices heightened political and financial incentives to set themselves up for their next job through their legal opinions before fully resigning from the bench.20 There is, of course, nothing preventing a corrupt justice from doing so now in the hopes of gaining greater fame or wealth. It is also important to note that we may have financial relationships with some of the companies mentioned on our website, which could result in receiving free products, services, or monetary compensation in exchange for featuring their products or services. Michael H. McGinley, JD, lawyer and former Supreme Court law clerk for Justice Alito, argued that packing the court would threaten the rule of law and judicial independence. He reasoned, While the press tends to focus on the small handful of 5-4 decisions in high-profile cases, the justices more often find themselves in broad agreement on the most difficult legal issues of the day. But Project 21 Co-Chairman Horace Cooper points out that a bipartisan consensus A third approach to interpreting the good behavior requirement in Article III Section 1 of the Constitution points out that it does not expressly grant life tenure to Supreme Court justices.[13] This means the requirement of having justices serve during good behavior could be met by a law allowing justices to continue their service on another federal court after they serve on the Supreme Court. Also, President Trump lost the popular vote, so him getting his third appointment makes the Court seem less in tune with the public. Read on to learn more about the opportunities and challenges of a Supreme Court justice life term. Its a slippery slope that would Which court would be better served by more frequent turnover in its membership? Below are the proper citations for this page according to four style manuals (in alphabetical order): the Modern Language Association Style Manual (MLA), the Chicago Manual of Style (Chicago), the Publication Manual of the American Psychological Association (APA), and Kate Turabian's A Manual for Writers of Term Papers, Theses, and Dissertations (Turabian). Read on to learn why Supreme Court justices serve for life, and what those lifetime appointments entail. The idea of lifetime appointment comes from Article III of the U.S. Constitution, explains Burt Neuborne, Norman Dorsen Professor of Civil Liberties and founding Legal Director of NYU Law Schools Brennan Center for Justice. The Supreme Court relies on public confidence to maintain its legitimacy. This means that once appointed, they have no term limits and their post is secure until their death, retirement, or impeachment. [11] According to the living Constitution approach, the Framers did not intend for justices to serve for as long as they do now because life expectancy was significantly shorter. The Supreme Court is largely balanced. Moreover, any term-limit proposal could be coupled with reforms to address these existing problems. Currently, the House has a strong Democrat majority, but the Senate has a Republican majority. Managing Editor Push for the position and policies you support by writing US national senators and representatives. In addition, because the ease of the position has grown and the workload has decreasedlong gone are the days of large dockets, circuit riding, and working without clerksjustices are more likely to stay on the bench for long periods of time.4. , an advocacy organization dedicated to improving the lives of all Americans. Serving on the Supreme Court for life is a great honor, but it is a decision that should not be taken lightly. American Progress would like to acknowledge the many generous supporters who make our work possible. Regular upheavals in law have long been raised as a potential negative outcome to term limits. 325 N. LaSalle Street, Suite 200 An 18-year nonrenewable limit is overwhelmingly the most common proposal, although Chief Justice Roberts once expressed support for a 15-year term.10 Justice Breyer has argued that an 18-year term period would give justices enough time to fully learn the job and develop jurisprudencea position bolstered by the fact that many justices have voluntarily retired after a similar period of service on the court.11 Moreover, under advocacy organization Fix the Courts bipartisan model, the 18-year term would be staggered so that a vacancy would open every two years. We are committed to helping our readers make informed decisions about their finances, and encourage you to explore our site for helpful resources and insights. . Many Supreme Court experts have coalesced around a solution to these problems: staggered, This growth in power has contributed to the political nature of the confirmation process. The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. This likely reflects eroding public confidence as the court routinely issues decisions down partisan lines on the days most controversial issues. About 60 percent of people oppose lifetime Supreme Court appointments, according to a CBS News poll of about 1,000 people last year. Among those federal judges who have fully retired from the bench, the most commonly stated reasons for doing so collected through surveys were return to private practice, appointment to other office, and inadequate salary.23 From 1970 to 2009, just two judges resigned to run for office, although approximately 18 total left the bench for another state or federal appointment. Because there is no regularity in vacancies and each justice can now be easily expected to sit on the court for multiple decades, Senate leaders have a strong incentive to upend the confirmation process in order to secure a justice appointed by a president of their same political party.7 In addition, presidents are incentivized to select nominees with records that demonstrate they will likely rule in lockstep with that partys ideology. Like it or not, one of the driving factors Furthermore, it is important to keep in mind the significant changes that have occurred within Supreme Court jurisprudence. The post Why Do Supreme Court Justices Serve for Life? A judge insulated from the normal currents of life for twenty-five or thirty years was a rarity then, but is becoming commonplace today. Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. Court packing could signal a new era of non-partisanship in the Supreme Court. Lindgren, a former classmate and colleague of Merrills at the University of Chicago and Northwestern respectively, began the debate advocating a constitutional amendment instituting term limits for Supreme Court justices. Instead, Article III, Section 1, Last modified on June 30, 2022. [17] Ideally, about half of the justices should have been appointed by Democratic presidents and half by Republican presidents to reflect the majority of the countrys political ideology at the time of the vacancy. At Ablison.com, we believe in providing our readers with useful information and education on a multitude of topics. Supreme Court justices in the U.S. enjoy life tenure. Fourth, the tense political climate along with approaching elections heightens the need for term limits. Pros and cons exist for both options for reshaping the court. Bush at age 43 in 1991 and famously said he would serve for 43 years. The Act would balance the number of justices that each president can nominate, which would help the confirmation process become less partisan. [1] [2], As the Supreme Court FAQs page notes, The Constitution places the power to determine the number of Justices in the hands of Congress. The U.S. Constitution doesnt specifically grant Supreme Court justices a lifetime appointment. 2. Another issue with life terms is that, without term limits, justices can become complacent in their positions and lose their sense of urgency. The number of justices reached eight before Congress, after Johnson had left office, adopted new legislation (1869) setting the number at nine, where it has remained ever since. [3], The idea of court packing dates to 1937 when President Franklin D. Roosevelt proposed adding a new justice to the Supreme Court for every justice who refused to retire at 70 years old, up to a maximum of 15 justices. Were stuck with a situation where justices effectively captured by their law clerks make decisions without necessarily referencing the views of the polity., Pros and Cons of Potential Term Limits for Supreme Court Justices, Constitutional Law, Regulation, and Public Policy, Corporate, Business, and Transactional Law, Public Interest and Public Service Careers, Consumer Information (ABA Required Disclosures). At the time, there were 342 days remaining in Obamas presidency, 237 days until the 2016 election, and neither the 2016 Democratic nor Republican nominee had been chosen. Pros and cons exist for both options for reshaping the court. subscribe.submit(); It would help insulate the court from becoming a campaign issue because vacancies would no longer arise during election years. The size of the court has sometimes been subject to political manipulation; for example, in 1866 Congress provided for the gradual reduction (through attrition) of the court to seven justices to ensure that President Andrew Johnson, whom the House of Representatives later impeached and the Senate only narrowly acquitted, could not appoint a new justice. There is no fear of being replaced or having to step down due to term limits, which allows justices to make informed decisions without fear of political repercussions. [24] Without term limits, Judge Barret could be on the Supreme Court for several decades as she is only 48. Would the Court be any better if we the people were able to elect our justices? As a result, the confirmation process for the highest court has become politically divisive, with extremely narrow votes and theatrics from the nominees themselves. https://qz.com/1324841/brett-kavanaughs-age-at-53-means-that-he-may-wield-influence-on-the-supreme-court-for-a-very-long-time/#:~:text=Thats%20about%20where%20it%20was,the%20court%20was%20around%2053. It is the final arbiter of the law, resolving disputes between the states and the federal government, and deciding the constitutionality of laws. To end the justices life tenure would likely mean a constitutional amendment requiring approval from two-thirds of both houses of Congress and three-fourths of U.S. states. https://www.gwlr.org/wp-content/uploads/2012/08/78-6-Lerner-Lund.pdf, https://fixthecourt.com/2019/07/termlimits/, https://www.senate.gov/artandhistory/history/minute/Filibuster_Derails_Supreme_Court_Appointment.htm, https://americanprogress.org/issues/democracy/news/2019/04/03/468234/conservative-court-packing/, https://www.washingtonexaminer.com/policy/courts/stephen-breyer-not-keen-on-adding-seats-to-supreme-court-nine-is-fine, https://www.ocregister.com/2013/08/04/erwin-chemerinsky-supreme-court-needs-term-limits/, https://www.nytimes.com/2018/09/18/opinion/columnists/brett-kavanaugh-supreme-court-term-limits.html, https://fixthecourt.com/2019/07/dozens-legal-scholars-demand-term-limits-supreme-court-justices/, https://fixthecourt.com/2019/12/conservative-thinkers-endorse-scotus-term-limits/, https://www.cnn.com/2019/09/30/opinions/supreme-court-term-limits-law-roosevelt-vassilas/index.html, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3334545, https://law.stanford.edu/2020/06/30/retaining-stare-decisis-in-june-medical-services-v-russo/, https://www.pewforum.org/2007/06/14/after-gonzales-v-carhart-the-future-of-abortion-jurisprudence/, https://www.uscourts.gov/sites/default/files/apptsbypres.pdf, https://fixthecourt.com/2020/03/scotus-term-limits-final-period-problem/, https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1005&context=penn_law_review, https://www.nytimes.com/2008/05/18/opinion/18sun3.html, Association of American Law Schools, 2016 AALS Annual Meeting A Conversation with the Honorable Stephen Breyer, U.S. Supreme Court, YouTube, March 28, 2016, available at, Gwynn Guiford, 117 years of data show why todays Supreme Court nominees have more influence than ever, Quartz, July 10, 2018, available at, Craig S. 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