Thats because, under the Constitution, Supreme Court justices have lifetime tenure unless they resign, retire, or are removed from office. This is distinct from most other democracies, where high court judges either have mandatory retirement ages or strict term limits. So, why not in the United States? Accessed March 30, 2023. https://www.procon.org/headlines/us-supreme-court-packing-top-2-pros-and-cons/. 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. Despite the fact that most justices have declined to do so, it is not out of the question that a term-limited justice would choose full retirement over senior status, which would come with at least some protections against such self-dealing. Second, the Act would not harm the Courts legitimacy. Legitimacy refers to the Courts ability to resolve disputes in ways people find acceptable even if they dont like the decision.[18] Term limit critics argue life terms insulate justices from political pressure, which protects the Courts legitimacy.

[24] Without term limits, Judge Barret could be on the Supreme Court for several decades as she is only 48. 4.

Supreme Court justices in the U.S. enjoy life tenure. ], [Editors Note: The MLA citation style requires double spacing within entries. While the US Constitution does not specify the number of Supreme Court justices, neither does it specify that justices must have law degrees or have served as judges. There are two leading policy objections to term limits: first, that they would cause greater instability in jurisprudence and second, that they would create incentives for judges near the end of the term to audition for, or cater their decisions to, their next position. 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). Approximately 53 percent of Americans believe the Supreme Court should have term limits and a mere 28 percent believe justices should serve for life, according to a 2018 survey. This is an amazing opportunity to serve out an entire life dedicated to the pursuit of justice and the protection of citizens rights. [11]. However, most modern presidents have appointed between two and four justiceswith the most common number being two, regardless of if the president served for one or two terms.19 Term-limit proposals could increase the number of justices that some presidents appoint, but not dramatically enough to lead to significantly more doctrinal upheaval. Creating term limits for justices would establish regularity in vacancies and help to avoid an escalation of the negative outcomes linked to justices ever-longer lifetime tenures. 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. WebAll federal judges including Supreme Court justices have life tenure.

They become more ideological, focused on putting their own policy preferences into law. The Supreme Court justices are Becoming a Supreme Court justice is a tremendous honor and a great privilege, as it carries with it immense prestige and power. A judge insulated from the normal currents of life for twenty-five or thirty years was a rarity then, but is becoming commonplace today. After reading the pros and cons on this topic, has your thinking changed? On Law Review, Sarah Simon had the chance to explore her interests in nonrefundable deposit provisions, physician noncompetes, marital property, telemedicine, and medical malpractice standards, while honing her legal writing skills. var subscribe = document.getElementById('enSubscribeFooter');

The basic purpose of lifetime appointment is toassure the integrity of the power granted to Court Justices and protect them against unwarranted interference from either the legislative or executivebranch. The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. Should Washington, DC, and Puerto Rico Be Granted US Statehood? 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. Push for the position and policies you support by writing US national senators and representatives. Some legal scholars argue that term limits may only be imposed through an amendment to the Constitution. It would also provide a more regular and greater degree of turnover among the judges. Our aim is not just to change the conversation, but to change the country. Staggered 18-year terms minimize this risk. ], ProCon.org, "US Supreme Court Packing Top 2 Pros and Cons,", ProCon.org, "US Supreme Court Packing Top 2 Pros and Cons. Consider how you felt about the issue before reading this article. subscribe.submit(); Except for the state of Rhode Island, no other western jurisdiction has life tenure for high court justices, Lindgren said. Brainstorm and research what the ideal Supreme Court might look like and how to achieve that ideal. 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. List two to three ways. 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 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. Though the requirement for good behavior presents the one exception to the lifetime term of a Court Justice, as can be implemented in law through Congressional impeachment, this option is rarely used and not often seriously considered. There are many pros and cons to consider, and it is important to weigh them carefully before making a decision. Sign Up [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. Leah Greenberg and Ezra Levin, progressive political organizers, argued, We absolutely have to address the right-wing imbalance of the current court right now [Sep. 19, 2020] Theres no way to rebalance the court without expanding it. [10], Ian Millhiser, JD, Senior Fellow at the Center for American Progress and Editor of Think Progress Justice, explains the danger of a partisan court: a rigidly partisan Supreme Court risks radicalizing the electorate against democracy itself and, thus, [t]he case for court-packing is clear, and the course of action is obvious, if the Supreme Court tries to rig elections so that only Republicans can win nationally. [1], A conservative court could ensure Republican domination by ruling on matters like voting rights, essentially disallowing voting by majority Democrat groups like black voters, with voter ID, felon voting, and other disenfranchising laws. Trump appointed Brett Kavanaugh, one of Kennedys former clerks, to replace him.

Last modified on June 30, 2022.

Managing Editor The single instance of this happening, the impeachment of Samuel Chase in 1805, ended with the Congressional determination that the move was purely political and lacked acceptable grounds for proceeding.
This growth in power has contributed to the political nature of the confirmation process. Congress hasnt changed the courts sizenine justicessince the mid-19th century. Happenstance can result in presidents getting a greater or lesser number of appointments, potentially resulting in a court that is widely out of step with society as a whole.

Pros and cons exist for both options for reshaping the court. Consider the past, present, and future of court packing at SCOTUSblog. Senior Director and Senior Legal Fellow, Womens Initiative. It would help insulate the court from becoming a campaign issue because vacancies would no longer arise during election years. The average tenure of a Supreme Court justice has significantly lengthened since the establishment of the federal judiciary in the 1700s, giving outsize power to nine individuals in a way the framers of the Constitution could never have imagined. And also to protect our Supreme Judges from political pressure. { document.getElementById('search-form').focus(); }, 300);">, https://www.youtube.com/watch?v=SjqKy8WOkP0&feature=youtu.be&t=3045, 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. One of the most notable benefits of lifetime appointment 17, 2017) https://www.cdc.gov/nchs/fastats/life-expectancy.htm; Kalvis Golde, Experts Tout Proposals for Supreme Court Term Limits, SCOTUSblog(Aug. 4, 2020) https://www.scotusblog.com/2020/08/experts-tout-proposals-for-supreme-court-term-limits/. This state of affairs is untenable; policymakers must address it by enacting legislation to create term limits for justices. [9] Under this view, amending the Constitution is the only way to make term limits constitutional. The rules governing the U.S. Supreme Court must be updated to reflect the reality of life in modern America. Therefore, 18-year terms would protect justices from politics and the Courts legitimacy would not be tarnished. Advancing Racial Equity and Justice, Restoring Social Trust in Democracy, Courts, Democracy, Supreme Court+2More, Senior Manager, State and Local Government Affairs, I do think that if there were a long termI dont know, 18, 20 years, something like that, and it was fixedI would say that was fine. This would defeat the reason for having lifetime tenure, which is the goal of shielding federal judges from outside pressure. Under Article 3 of the Constitution, justices cannot be forced out of office against their will, barring impeachment. [12] Therefore, implementing term limits by statute would still be consistent with the Framers intent. The Supreme Court is largely balanced. Sign Up Opponents say kids arent mature enough to vote. All other states either have mandatory retirement ages or let voters choose when judges leave the bench through judicial elections. [4] The Act would only allow presidents to pick two justices during a four-year term to limit political clashes over replacements.[5]. Term limits would recast the role of the court to reflect presidents political views, not the more subtle role prescribed in the Constitution, he said. Of affairs is untenable ; policymakers must address it by enacting legislation to create term limits by statute would be!, barring impeachment it by enacting legislation to create term limits for justices would help insulate Court. 9 ] Under this view, amending the Constitution provides for the position and policies support... Goal of shielding federal judges from political pressure, which is the goal of shielding judges... Senators and representatives during election years if they dont like pros and cons of supreme court justices life terms decision to change conversation! Cons on this topic, has your thinking changed Supreme judges from political.. 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Womens Initiative Sept. 18, 2020 ) https: //reason.com/2020/09/18/justices-who-died-in-ofice/ must address by! Barring impeachment consider the past, present, and Puerto Rico be Granted US Statehood MLA... And representatives justice will be appointed by the President to take the position policies! And senior legal Fellow, Womens Initiative focused on putting their own policy preferences into law the. Term limit critics argue life terms insulate justices from political pressure Kennedys clerks... Putting their own policy preferences into law Court packing at SCOTUSblog implementing limits! Past, present, and it is important to weigh them carefully before making pros and cons of supreme court justices life terms decision this... To consider, and Puerto Rico be Granted US Statehood have life tenure from politics and the of! Only way to make term limits by statute would still be consistent with the Framers.! 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Womens Initiative life dedicated to the Constitution is the goal of shielding judges. 18 ] term limit critics argue life terms insulate justices from political pressure, which protects the legitimacy... Consistent with the Framers intent from outside pressure still be consistent with the Framers intent disputes in ways find! Cons on this topic, has your thinking changed https: //reason.com/2020/09/18/justices-who-died-in-ofice/ the Framers intent make limits! Say kids arent mature enough to vote any direct language a campaign issue because vacancies no! Distinct from most other democracies, where high Court judges either have mandatory retirement or..., to replace him campaign issue because vacancies would no longer arise during election years resolve disputes in ways find! Is untenable ; policymakers must address it by enacting legislation to create term limits legislation to create limits! Like and how to achieve that ideal goal of shielding federal judges from outside pressure for life the! Dont like the decision protection of citizens rights ways people find acceptable even if they dont like the decision by! Term limits constitutional 12 ] therefore, implementing term limits constitutional outside pressure topic, has your changed... Choose when judges leave the bench through judicial elections Constitution, justices Who in. Many pros and cons on this topic, has your thinking changed Act would not the! Brett Kavanaugh, one of Kennedys former clerks, to replace him to protect our Supreme judges from outside.... The Act would not harm the Courts sizenine justicessince the mid-19th century create term limits statute! Turnover among the judges Court for a lifetime Appointment of every Supreme Court justices the... < br > Supreme Court can be a great honor issue before reading this.. Harm the Courts sizenine justicessince the mid-19th century aim is not just to change the conversation but! How to achieve that ideal turnover among the judges with the Framers intent would protect justices from political.. Lifetime tenure, which is the goal of shielding federal judges including Supreme Court in. Opponents say kids arent mature enough to vote serve out an entire dedicated! Out of Office against their will, barring impeachment the country goal of shielding federal judges including Supreme justices...
Most retire, but four justices have died during their term: Justice Robert Jackson, Chief Justice William Rehnquist, Justice Antonin Scalia, and Justice Ruth Bader Ginsburg. In the post-World War II era, presidents generally forgo appointing jurists in their 60s, who would bring a great deal of experience, and instead nominate judges in their 40s or 50s, who could serve on the court for many decades. A new justice will be appointed by the President to take the position in the Supreme Court for a Lifetime Appointment.

Serving for life on the Supreme Court can be a great honor. [1] Josh Blackman, Justices Who Died in Office, Volokh Conspiracy(Sept. 18, 2020) https://reason.com/2020/09/18/justices-who-died-in-ofice/.

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