Plus, as Glock points out, a then new law reducing Supreme Court pensions was preventing retirements at the very time Roosevelt was calling for them. Tackling Climate Change and Environmental Injustice, The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. WebCon. 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/. Life Tenure Is Too Long for Supreme Court Justices Allowing Supreme Court justices to serve for life is causing too many problems. 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. Supreme Court justices Justice Clarence Thomas was appointed by President George H.W. The makeup of the Supreme Court should not reflect partisan politics, but should, instead, reflect the will of the people and be beholden only to the US Constitution. [3] Justices would not have to fully retire after 18 years; they could rotate to lower federal courts after their 18 years on the Supreme Court. The Supreme Court is the highest court in the United States. As justices are not held accountable to the public, their decisions may be swayed by their personal ideologies and beliefs rather than the evidence. 18 years is still a long time, equal to three Senate terms. The appointment of justices is mostly balanced historically. While the majority of Americans support term limits, another important question must be addressed: How should term limits be effectuated? ProCon/Encyclopaedia Britannica, Inc. Should the US Become Socialist? [26] As Senate Majority Leader Mitch McConnell said when he refused to confirm Judge Merrick Garland in an election year, the American people should have a say in the courts direction.[27] Overall, term limits should be implemented to assure presidential appointments are balanced to reflect the electorate. Serving on the Supreme Court for life is a great honor, but it is a decision that should not be taken lightly. Therefore, 18-year terms would protect justices from politics and the Courts legitimacy would not be tarnished. Should Supreme Court Justices Have Term Limits? First, the Act should be adopted to politically balance the Court by giving each president an equal amount of nominations. 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. 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. Supreme Court justices in the U.S. enjoy life tenure. Instead, Article III, Section 1, In this regard, proponents have cited Alexander Hamiltons declaration in the Federalist Papers that nothing can contribute so much to its firmness and independence as permanency in office. 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. 3. List two to three ways. Consider the past, present, and future of court packing at SCOTUSblog. But they would be limited to 18-year terms. Although ideology has long influenced Supreme Court decisions, todays court is unusual because all the conservative justices are Republicans and all the liberal justices are Democrats. However, the Constitution was ratified in 1787 when the average life expectancy for a white male in the US was about 38 years. 
Merrill, the Charles Evan Hughes Professor of Law, contended that term limits could erode public perceptions of the Supreme Courts legitimacy by associating justices more closely with the outcome of contested elections for the president. Today, judicial confirmation votes are almost strictly down party lines. The US Constitution does not specify the number of justices on the Supreme Court. 
| Pro/Con, inquirer.com, Sep. 19, 2020, Axios, The Political Leanings of the Supreme Court Justices, axios.com, June 1, 2019, Sam Berger, Conservative Court Packing, americanprogress.org, Apr. The one we favor would give justices a fixed Originally All other states either have mandatory retirement ages or let voters choose when judges leave the bench through judicial elections. Conservative judicial ideologues can limit rigorous campaign finance reform; place a judicial stamp of approval on anti-democratic gerrymandering and voter suppression; undermine unions; and gut reproductive rights. Under the Act, justices would be limited to 18 years on the Court, instead of life. The President nominates potential justices to the Supreme Court, and the Senate must then approve the nominees. This lack of a term limit was first implemented during the tenure of John Marshall, the fourth Chief Justice, to indicate that Court Justices could remain on the bench for the remainder of their lives, as did Marshall. Citing the upcoming 2016 election, Senate Majority Leader Mitch McConnell (R-KY) refused to consider President Barack Obamas liberal Supreme Court nominee, Merrick Garland. The most obvious benefit of having a life term as a Supreme Court justice is that it allows for long-term, consistent judicial rulings. The author would like to thank Sam Berger and Danielle Root for their work on this topic. The Hill reported: More than two dozen constitutional law experts on Friday voiced support for a bill that would establish 18-year term limits for Supreme Court Justices, adding scholarly backing to one of several court reform proposals that have gained traction in recent weeks.. Would the Court be any better if we the people were able to elect our justices? As life expectancy continues to increase, it is likely that the younger justices will serve for at least that amount of time. Should packing the US Supreme Court ever be considered? 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. 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. Changing the number of justices has been linked to political conniving, whether the 1866 shrinkage to prevent Johnson appointments or the 1801 removal of one seat by President John Adams to prevent incoming President Thomas Jefferson from filling a seat or the 1937 attempt by Roosevelt to get the New Deal past the court. 18 years is still a long time, equal to three Senate terms. 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. [14] [15]. [27] Ron Elving, What Happened with Merrick Garland in 2016 and Why It Matters Now, NPR (June 29, 2018) https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now; Judge Merrick Garland was former President Obamas Supreme Court nominee in 2016. 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. var subscribe = document.getElementById('enSubscribeSlideUp'); Given that, despite all the changes the Supreme Court has undergone, the average age of appointment has held steady throughout the courts history, it is reasonable to assume justices of a similar age would continue to be selected even if term limits were enacted. For many, that may open the window for them to take on a new career after their term has ended. Supreme Court justices shouldn't get lifetime appointments. It's time to impose term limits. Supreme Court justices shouldn't get lifetime appointments. It's time to impose term limits. Forty-nine states dont allow tenured lifetime judgeships, including those in which we both served, and its time for the U.S. Supreme Court to follow suit. The policy of lifetime appointment, therefore, secures a Court Justice against retribution for decisions going against the wishes of his or her Presidential sponsor. Setting a term of, say, fifteen years would ensure that federal judges would not lose all touch with reality through decades of ivory tower existence. It is therefore vital that the makeup of that court not be determined by happenstance but rather by Americans support for those policymakers tasked with selecting and confirming federal judges. [1] The US Constitution does not dictate the number of justices on the Supreme Court, but states only: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. 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. Ultimately, Congress, the states and the public they represent will decide whether the countrys centuries-old lifetime tenure system still serves the needs of the American people. Proponents say the US already has many successful and popular socialist policies. The why of lifetime appointments. [email protected], 2023 Encyclopaedia Britannica, Inc. The U.S. Constitution doesnt specifically grant Supreme Court justices a lifetime appointment. These relationships can help enrich their rulings and provide them with a more informed perspective when making decisions. Sign Up Some critics argue elections The likelihood of this concern coming to fruition, then, depends on whether the individuals appointed under a term-limit scheme are likely to be more corrupt than current justices. The Supreme Court justices are appointed in the same manner as all Federal Constitutional Judges, by the President with the advise of the U.S. Senate for life terms without a reduction in pay. The lifetime appointment is designed to ensure that the justices are insulated from political pressure and that the court can serve as a truly independent Term limits for Supreme Court justices are a bad idea. 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. Serving for life on the Supreme Court can be a great honor. Currently, any federal judge or justice can at any time choose to fully resign or, once they meet certain requirements, enter into senior status. This likely reflects eroding public confidence as the court routinely issues decisions down partisan lines on the days most controversial issues. Opponents say neither was ever intended to be a US state. This growth in power has contributed to the political nature of the confirmation process. When this sort of imbalance exists, court packing should be considered. It is an eternal gift of justice that can benefit generations to come. He proposed that, after a period of transition from the current system, justices be limited to 18-year terms so that a new member would be nominated in each odd year, giving presidents 2 nominees for each 4-year executive term. Of the 67 decisions in 2019, the four Democrat-appointed judges voted together 51 times and the five Republican-appointees 37 times. There are many pros and cons to consider, and it is important to weigh them carefully before making a decision. 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. Finally, term limits could increase the quality of Supreme Court nominees. . Why or why not? He presented evidence demonstrating that in recent decades justices have tended to linger on the court longer than their predecessors, and argued that term limits would help return the Supreme Court to its historic norm of shorter terms. Some called the impending nomination to replace Ginsburg and the 2016/2017 events a version of court packing by Republicans. For example, a person in their early- to mid-50sthe current average age for newly appointed justiceswould face the end of their term in their early 70s. WebSupreme Court Justice Pros And Cons guarantee the honesty of the power allowed to Court Justices and protect them against unjust interference from either the legislative or executive branch. Once appointed to the United States Supreme Court, justices may enjoy the benefits of lifetime appointment. appeared first on Reader's Digest. Justices change during their decades on the bench, research shows. Polling consistently shows a large bipartisan majority of Americans support ending life tenure. At the time of McConnells Sept. 18 announcement via Twitter, there were 124 days left in Trumps term and 45 days until the 2020 election. Life tenure has also turned staffing the Supreme Court into an increasingly partisan process, politicizing one of the nations most powerful institutions. [24] Without term limits, Judge Barret could be on the Supreme Court for several decades as she is only 48. Other Americans political preferences tend to be stable throughout their lives. American Progress would like to acknowledge the many generous supporters who make our work possible. The pros and cons of a Supreme Court justice life term are manifold, and its important to consider them before making a decision. different in practice than they had previously appeared. Sarah hopes to become a transactional attorney and looks forward to perfecting her writing. (quoting Professor Daniel Epps). Term limits appear to be more popular than expanding the court: Among respondents to a Morning Should the Voting Age Be Lowered to 16? [1], According to Sam Berger, JD, Vice President, Democracy and Government Reform at Center for American Progress, Republicans have engaged in court packing that demands a Democratic response: If allowed to stand, conservative court packing will have real consequences for a generation or more. [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. Pros and cons exist for both options for reshaping the court. Copyright 2023 The Trustees of Columbia Universityin the City of New York. [20] Under the Act, justices would be limited to 18 years on the Court, instead of life. It would also provide a more regular and greater degree of turnover among the judges. 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. 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. Some legal scholars argue that term limits may only be imposed through an amendment to the Constitution. Our aim is not just to change the conversation, but to change the country. [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 . [22] We should not break with over 150 years of historical precedent to play political games with the Supreme Court. Supreme Court selections have always been political in nature to a degree, and sitting justices themselves often contribute to this. . 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. Partisanship would still tinge the selection and confirmation of judges by the president and Senate, however, and ideological extremists could still reach the Supreme Court. 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? Like it or not, one of the driving factors 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. Accessed March 30, 2023. https://www.procon.org/headlines/us-supreme-court-packing-top-2-pros-and-cons/. 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. Webochsner obgyn residents // pros and cons of supreme court justices life terms var onSuccessSubmitenSubscribeSlideUp = function() { 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. 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. They become more ideological, focused on putting their own policy preferences into law. 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. ProCon.org is the institutional or organization author for all ProCon.org pages. 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. This assures those newly appointed justices are reflective of the countrys political leaning, which is critical for a robust democracy. var subscribe = document.getElementById('enSubscribeFooter'); To a certain extent, some amount of change in doctrine is an expected and even necessary aspect of jurisprudence. [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. This can help ensure that the laws are interpreted fairly, without bias or favoritism.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'ablison_com-box-4','ezslot_5',630,'0','0'])};__ez_fad_position('div-gpt-ad-ablison_com-box-4-0'); Additionally, life terms give justices the opportunity to become experts in their field. 134 Harv. WebQuestion: What do you see as the pros and cons of the fact that Supreme Court justices have life-time terms and the fact that they are NOT elected by the people? ], [Editors Note: The MLA citation style requires double spacing within entries. Maggie Jo Buchanan is the director of Legal Progress at the Center for American Progress. 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. WebHere are some pros and cons of having Supreme Court Justices serve life terms: Pros of Supreme Court Justices Life Terms Stability: Lifetime appointments provide stability His retirement would allow President Joe Biden to nominate his successor and give Democrats another liberal justice, if confirmed. [11] CDC, National Center for Health Statistics, Centers for Disease Control and Prevention (Mar. Regular appointments, however, would hopefully make the confirmation process less political. [14] [15] As explained in Encyclopaedia Britannica, In 1807 a seventh justice was added, followed by an eighth and a ninth in 1837 and a tenth in 1863. The pros and cons of a Supreme Court packing could signal a new era of non { 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. 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. It is a tremendous privilege to be appointed to the highest court in the land, and it is an opportunity to make a lasting impact on the law and the interpretation of it. Recent research has examined how term limits could lead to more regular reversals of major decisions, particularly if individual justices largely ignore precedent.16 The recent Supreme Court term taught us, however, that precedent can still play an important role in shaping decisions. [21] No justice has been confirmed unanimously since. ], ProCon.org, "US Supreme Court Packing Top 2 Pros and Cons,", ProCon.org, "US Supreme Court Packing Top 2 Pros and Cons. Similarly, although many U.S. states initially granted their supreme court judges life tenure, this changed during the Jacksonian era of the 1810s to 1840s when states sought to increase the accountability of the judicial branch. 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). If so, how? For example, Ginsburg grew more liberal over time, while Thomas has become more conservative. The debate hinges on whether such a change redefines the nature of the position to which the justice was appointed, thereby creating constitutional issues.15. Except for the state of Rhode Island, no other western jurisdiction has life tenure for high court justices, Lindgren said. Lifelong appointments for justices are resulting in increasingly longer terms, with significant implications for the politicization of the court. At Ablison.com, we believe in providing our readers with useful information and education on a multitude of topics. 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. 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. 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. [14] The proposed Act includes this option for justices after they spend 18 years on the Supreme Court, which makes the Act constitutional according to some legal scholars. 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. While there is a range of potential term-limit proposals, there are some general principles that have rightly achieved broad support. [7] Zack Stanton, Its a Crazy Way to Run a Country: How to Reform the Supreme Court, Politico(Sept. 24, 2020) https://www.politico.com/news/magazine/2020/09/24/supreme-court-reform-ideas-term-limits-rbg-age-packing-421203. Full retirement from the bench allows a judge to return to practice law and generally act without any constraint on earnings or profession; from 1970 to 2009, 80 former judges chose this path.21 In contrast, taking senior statuswhich requires some judicial service while the judge continues to be fully compensated along with certain tax advantagescomes with at least some ethics requirements in regard to limits on outside earnings.22 There are currently three former Supreme Court justices and 577 lower court judges currently in senior status. Currently, the House has a strong Democrat majority, but the Senate has a Republican majority. Ultimately, however, a term limit of nearly two decades is unlikely to contribute significantly to such upheavals, especially given that a respect for stare decisisor precedentcontinues to inform judicial decision-making as well as the reality that important lines of jurisprudence experience major changes even without such a reform. 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