The justices, like about half the roughly 2,000 federal judges, have tenure Another issue with life terms is that, without term limits, justices can become complacent in their positions and lose their sense of urgency. We begin to lose any credibility the court has at all. [18] [19], As Washington Post reporter Amber Phillips explained, court packing can be seen as a maneuver that could come back to haunt Democrats when theyre out of power. While there is a range of potential term-limit proposals, there are some general principles that have rightly achieved broad support. ! var onSuccessSubmitenSubscribeFooter = function() { 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. And they do. Not only is it a tremendous opportunity to serve and protect the rights of citizens, but is also an opportunity to make a lasting impact on the law and the interpretation of it. 
Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. U.S. Senate, Filibuster Derails Supreme Court Appointment, available at, Sam Berger, Conservative Court Packing, Center for American Progress, April 3, 2019, available at, Fix the Court, Term Limits, available at, Justice Breyer rejects Democratic plan to pack Supreme Court: Nine seats is fine,, Fix the Court, Term Limits; Erwin Chemerinsky, Supreme Court needs term limits, T, Fix the Court, Dozens of Legal Scholars Demand Term Limits for Supreme Court Justices, July 8, 2019, available at, Kermit Roosevelt and Ruth-Helen Vassilas, Supreme Court justices should have term limits, CNN, September 30, 2019, available at, Christopher Sundby and Suzanna Sherry, Term Limits and Turmoil: Roe v. Wades Whiplash,, Bernadette Meyler, Retaining Stare Decisis in June Medical Services v. Russo, Stanford Law School Legal Aggregate, June 30, 2020, available at, Pew Research Center, After Gonzales v. Carhart: The Future of Abortion Jurisprudence, June 14, 2007, available at, Judicial Conference of the United States, Judgeship Appointments by President, available at, Tyler Cooper, SCOTUS Term Limits and the Final Period Problem, Fix the Court, March 23, 2020, available at, Stephen B. Burbank, S. Jay Plager, Geogory Ablavsky, Leaving the Bench, 1970-2009: The Choices Federal Judges Make, What Influences Those Choices, and Their Consequences,, Burbank, Plager, and Ablavsky, Leaving the Bench, 19702009., Editorial Board, Court Without a Quorum,. However, the Constitution was ratified in 1787 when the average life expectancy for a white male in the US was about 38 years. WebThe idea of term limits for Supreme Court justices is gaining steam following the death of Justice Ruth Bader Ginsburg and the contentious political fight to fill her seat. Also, President Trump lost the popular vote, so him getting his third appointment makes the Court seem less in tune with the public. Accessed March 30, 2023. https://www.procon.org/headlines/us-supreme-court-packing-top-2-pros-and-cons/. Part II will discuss the constitutionality of term limits. [9] Kalvis Golde, House Democrats to Introduce New Bill for Supreme Court Term Limits, SCOTUSblog (Sept. 24, 2020) https://www.scotusblog.com/2020/09/house-democrats-to-introduce-new-bill-for-supreme-court-term-limits/. 18 years is still a long time, equal to three Senate terms. Supreme Court justices in the U.S. enjoy life tenure. And when there are disagreements, they are based on legitimate and reasonable differences of opinion about the law, not the justices personal policy preferences. [16], Erin Hawely, JD, Associate Professor of Law and former law clerk to Chief Justice John Roberts, and Heather Higgins, CEO of Independent Womens voice, noted, The argument about balance implies that the terms conservative and liberal apply to judges just like they do to political parties, even though those words have very different meanings and application when it comes to judicial philosophy. [17], Even Vice President Joe Biden, 2020 Democratic presidential nominee, is wary of court packing, stating in 2019, No, Im not prepared to go on and try to pack the court, because well live to rue that day. He later elaborated, We add three justices. Should packing the US Supreme Court ever be considered? If your thoughts have not changed, list two to three ways your better understanding of the other side of the issue now helps you better argue your position. 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. However, McConnell and the Republicans in control of the Senate, and thus the approval process, indicated they would move forward with a Trump nomination without delay. It would help insulate the court from becoming a campaign issue because vacancies would no longer arise during election years. However, it is also a substantial amount of time spent on the countrys highest court and would invite the great many prestigious opportunities allowable under senior status while providing for the comfortable lifestyle that current retired justices enjoy. Opponents say neither was ever intended to be a US state. A full list of supporters is available, 5 Actions the FDA Can Take To Reduce Heavy Metal Toxins in Baby Food, To Defend Democracy, the U.S. Must Hold Both Friends and Foes Accountable, Tax Cuts Are Primarily Responsible for the Increasing Debt Ratio, Second Chance Policies Help Individuals Leaving Incarceration Build Financial Security. Justices change during their decades on the bench, research shows. To a certain extent, some amount of change in doctrine is an expected and even necessary aspect of jurisprudence. The Act would help solve this imbalance by limiting president appointments to two per term, giving future Democratic presidents more opportunities to appoint justices than they have had so far. The pros and cons of a Supreme Court justice life term are manifold, and its important to consider them before making a decision. The author would like to thank Sam Berger and Danielle Root for their work on this topic. ], ProCon.org, "US Supreme Court Packing Top 2 Pros and Cons,", ProCon.org, "US Supreme Court Packing Top 2 Pros and Cons. But while it is possible that term-limited justices could choose full resignation for similar reasons, that is unlikely to be a significant reason for concern.
Currently, any federal judge or justice can at any time choose to fully resign or, once they meet certain requirements, enter into senior status. We understand that product offers and rates from third-party sites may change, and while we make every effort to keep our content updated, the figures mentioned on our site may differ from actual numbers. [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 . It is an eternal gift of justice that can benefit generations to come. This system would promote judicial legitimacy, they argue, by taking departure decisions out of the justices hands. 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. Other Americans political preferences tend to be stable throughout their lives. [4] [5] [6], The contemporary debate has been heavily influenced by events following the Feb. 13, 2016, death of conservative Associate Justice Antonin Scalia. [14]. However, as long as term-limited judges are allowed to take on senior status or otherwise serve the judiciary in some capacity while continuing to be fully compensated, there is every reason to think that term limits could be done by statute.14, Second, and more importantly, there is the question of whether statutory limits could be instituted retrospectively or only prospectivelyin other words, if the current justices would be subject to the limit or if the limit would only apply to new justices. 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. [11] CDC, National Center for Health Statistics, Centers for Disease Control and Prevention (Mar. Because Trump filled a seat that historical precedent says should have been filled by Obama, a third Trump appointee to fill Ginsburgs seat further imbalances the court. The Act would balance the number of justices that each president can nominate, which would help the confirmation process become less partisan. Criticisms of the general policy of lifetime, the appointment has also been stoked by the criticism of specific Supreme court Justices and of the Courts culture in general for moving toward a more legislative, politicized function, which critics might find it less problematic if offenders did not remain on the bench for so long. That was a feature of the Reconstruction era. [20], Plus, the Supreme Court is fiercely independent, undercutting a simplistic view of its partisan leanings. Polling consistently shows a large bipartisan majority of Americans support ending life tenure. It is also worth noting that Supreme Court justices are already allowed to enjoy luxurious sponsored trips and teaching opportunities as well as own stock and have a variety of other potential conflicts of interest that could influence their rulings. Proponents say teens are knowledgeable enough to vote. [7] [24], Of the last 19 Supreme Court Justices, Republicans have appointed 15, or 79%. Inaccordance with the principle of providing checks and balances, the executive and legislative branches exercise control over the Supreme Court by, respectively, proposing and approving candidates for that body.
3, 2019, Supreme Court of the United States, FAQs - General Information, supremecourt.gov (accessed Sep. 22, 2020), Elizabeth Nix, 7 Things You Might Not Know about the U.S. Supreme Court, history.com, Oct. 8, 2013, National Constitution Center Staff, Why Does the Supreme Court Have Nine Justices, constitutioncenter.org, July 6, 2018, Michael H. McGinley, Should the Size of the Supreme Court Expand to Change the Ideological Balance? WebAll federal judges including Supreme Court justices have life tenure. 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. The pros and cons of a Supreme WebOne of the main reasons is that the Justices of the Supreme Court will likely shape the way the Constitution is interpreted for 10-20 years after they are appointed. Our team of writers strives to provide accurate and genuine reviews and articles, and all views and opinions expressed on our site are solely those of the authors. Because the Senate approval process was delayed until 2017, the next president, Donald Trump, was allowed to appoint a new justice (conservative Neil Gorsuch) to what many Democrats called a stolen seat that should have been filled by Obama. After reading the pros and cons on this topic, has your thinking changed? A full list of supporters is available here. The pros and cons of court unification vary depending on prospective.
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