Opponents say neither was ever intended to be a US state. Professor of Legal Studies and Political Science, UMass Amherst, Professor of Political Science, Northern Illinois University. It is the final arbiter of the law, resolving disputes between the states and the federal government, and deciding the constitutionality of laws. [5] [7], The court packing debate was reinvigorated in 2019 with the appointment of conservative Associate Justice Brett Kavanaugh by President Trump after liberal-leaning swing vote Associate Justice Anthony Kennedy retired in July 2018. The U.S. Constitution doesnt specifically grant Supreme Court justices a lifetime appointment.

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

Moreover, creating a more regular appointment process would ensure that the court better reflects the broader public. The express and implicit separation of the Supreme Court from the other branches of Government is therefore upheld. [22] Instead, justices are increasingly confirmed with narrow margins and the votes are often along party lines, with Justice Gorsuch and Justice Kavanaugh confirmed 54-45 and 50-48, respectively. For many, that may open the window for them to take on a new career after their term has ended. Supreme Court justices can serve as long as they are able, and often go down in history as some of the most influential judges in American history. Regular appointments, however, would hopefully make the confirmation process less political. It is an eternal gift of justice that can benefit generations to come. The pros and cons of a Supreme Court justice life term are manifold, and its important to consider them before making a decision. In April 2021, President Biden formed a committee to examine reforming the Supreme Court, including term-limiting justices. 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. 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. 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. Although few Democrats today would agree with Justice Scalias opinions, he was confirmed 98-0 in 1986.

For example, the court once was unable to consider a case because it could not muster the needed quorum to do so as a result of too many justices having financial conflicts.24 While this brief does not aim to explore the merits of Supreme Court ethics reform proposals, the fact remains that the significant ethics concerns that already plague the court are unlikely to worsen with term limits in place. Today, aging and dementia are the flip side of life tenure, with more and more judges staying on the bench into extreme old age. 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. } ], [Editors Note: The MLA citation style requires double spacing within entries. Thus far, presidential appointments have not been evenly distributed between Democrat and Republican presidents. 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. 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. Lifelong appointments for justices are resulting in increasingly longer terms, with significant implications for the politicization of the court. Supreme Court justices in the U.S. enjoy life tenure. 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. Almost all democratic nations have either fixed terms or mandatory retirement ages for their top judges.

When this sort of imbalance exists, court packing should be considered. But the current political makeup of the Senate and the requirement that President Trump sign the bill make it unlikely that the bill will become law. [14] [15]. But Project 21 Co-Chairman Horace Cooper points out that a bipartisan consensus Opponents say the US already has too many costly socialist entitlements. [10] Today, US life expectancy is about 79 years (across demographics) and the average justice spends 28 years on the Court. Both developments would, in my view, be healthy ones. Future Chief Justice John Roberts2. No longer. Jill Rosenthal, Hailey Gibbs, Allie Schneider. And it would preserve judicial independence by shielding the court from political calls to fundamentally alter the institution. These are some pros and cons of that plan. 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? Except for the state of Rhode Island, no other western jurisdiction has life tenure for high court justices, Lindgren said. 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. 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. If you require such advice, we recommend consulting a licensed financial or tax advisor. Breyer, 82, joined the court in 1994. Life tenure can turn supposedly independent judges into political players who attempt to time their departures to secure their preferred successors, as Justice Anthony Kennedy did in 2018. 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. 134 Harv. The primary means to petition the court for review is to ask it to grant a writ of certiorari. [6] Although there is public support for term limits, enacting them is more complicated. Court packing could signal a new era of non [21]. All rights reserved. The reasoning behind lifetime 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. At Ablison.com, we believe in providing our readers with useful information and education on a multitude of topics. 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. Therefore, 18-year terms would protect justices from politics and the Courts legitimacy would not be tarnished. Brainstorm and research what the ideal Supreme Court might look like and how to achieve that ideal. allow President Joe Biden to nominate his successor, death of 87-year-old Justice Ruth Bader Ginsburg, C.M. Foreign courts have encountered few problems with term limits. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office. [2], The number of justices on the Court, set at nine since the mid-19th century, has changed over the years. var onSuccessSubmitenSubscribeFooter = function() { The pros and cons of court unification vary depending on prospective. Some critics argue elections However, if the Senate flips and a new president is elected, Democrats could try to pass term limits next year. Even England the country on which the U.S. model is based no longer grants its Supreme Court justices life tenure. "US Supreme Court Packing Top 2 Pros and Cons." [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 U.S. Supreme Court is one of the worlds few high courts to have life tenure. WebCon. 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. 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. 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. Why or why not? Pros and cons exist for both options for reshaping 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 Discuss the pros and cons of lifetime appointment for Supreme Court justices [12] Therefore, implementing term limits by statute would still be consistent with the Framers intent. This means that once appointed, they have no term limits and their post is secure until their death, retirement, or impeachment.

Push for the position and policies you support by writing US national senators and representatives. 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. Term limits appear to be more popular than expanding the court: Among respondents to a Morning The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred. [13], Originally, there were six justices (1789), the number was reduced to five in 1801, increased to six in 1802, seven in 1807, to nine in 1837, and to 10 in 1863, before shrinking to seven in 1866, and rising again to nine in 1869. ! [11] CDC, National Center for Health Statistics, Centers for Disease Control and Prevention (Mar. 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. Also, President Trump lost the popular vote, so him getting his third appointment makes the Court seem less in tune with the public. Court packing would increase political interference in an independent branch of government. [The Conversations Politics + Society editors pick need-to-know stories.

Our aim is not just to change the conversation, but to change the country. Sen. McConnell followed this unprecedented snub by eliminating the filibuster for a Republican nominee and confirming two controversial justices nominated by President Donald Trump.9. This can be problematic. [3] Andrew Chung, Democrats Prepare Bill Limiting U.S. Supreme Court Justice Terms to 18 Years, Reuters (Sept. 24, 2020) https://www.reuters.com/article/us-usa-court-termlimits/democrats-prepare-bill-limiting-u-s-supreme-court-justice-terms-to-18-years-idUSKCN26F3L3?utm_source=reddit.com. Here are the proper bibliographic citations for this page according to four style manuals (in alphabetical order): [Editor's Note: The APA citation style requires double spacing within entries. ], ProCon.org, "US Supreme Court Packing Top 2 Pros and Cons,", ProCon.org, "US Supreme Court Packing Top 2 Pros and Cons. Netflixs Cuties: Could There be Constitutional Implications. Another issue that has been raised in the mental capacities of a Supreme Court Justice becoming diminished with age. The justices, like about half the roughly 2,000 federal judges, have tenure 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. Proponents say teens are knowledgeable enough to vote. All other states either have mandatory retirement ages or let voters choose when judges leave the bench through judicial elections. 18 years is still a long time, equal to three Senate terms. Consider how you felt about the issue before reading this article. Currently, the House has a strong Democrat majority, but the Senate has a Republican majority. Public support for judicial nominees also shows large differences between Democrats and Republicans. Polling consistently shows a large bipartisan majority of Americans support ending life tenure. Explore Ian Millhisers idea that not packing the court is dangerous. Consider the past, present, and future of court packing at SCOTUSblog. Justices who at the time of their confirmation espoused views that reflected the general public, the Senate and the president who appointed them tend to move away from those preferences over time. Ian Millhiser, Lets Think about Court-Packing, democracyjournal.com, Winter 2019, Legal Information Institute of Cornell Law School, U.S. For example, major cases challenging abortion rights and the promise of Roe v. Wade are regularly brought before the court. This would make certain that each presidential term would bring two new justiceshelping to ensure the court reflects the general public.12 Once at the end of their term, justices would have the option to continue to work as fully compensated federal judges in senior status, as all currently retired Supreme Court justices have elected to do. [4] [5] [6], The contemporary debate has been heavily influenced by events following the Feb. 13, 2016, death of conservative Associate Justice Antonin Scalia. For example, there would be less intense pressure on each individual pick because there would be an understanding that winning the presidency comes with the appointment of two justices.

[10] As of Sep. 22, 2020, with the death of Associate Justice Ginsburg, the court has five conservative justices and three liberal 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). Under the Act, justices would be limited to 18 years on the Court, instead of life.

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. The pros and cons of a Supreme Court justice life term are manifold, and its important to consider them before making a The most notable evidence of this came when Chief Justice Roberts voted to strike down the anti-choice law at issue this term in June Medical v. Russo, proving that judges can break with their previous votes on an issue when clear precedent is at stake.17.

[21] U.S. Senate, Supreme Court Nominations (1789-Present) https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm. [25] If confirmed, Judge Barret would be the youngest member of the current Court; id. They can also undermine future efforts at progressive reform through specious legal claimsand once the Supreme Court has ruled something unconstitutional, it can shut down policymaking in that space completely. [12]. https://reason.com/2020/09/18/justices-who-died-in-ofice/, https://www.npr.org/2020/09/18/100306972/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87, https://www.reuters.com/article/us-usa-court-termlimits/democrats-prepare-bill-limiting-u-s-supreme-court-justice-terms-to-18-years-idUSKCN26F3L3?utm_source=reddit.com, https://thehill.com/hilltv/what-americas-thinking/408781-americans-tend-to-be-in-favor-of-term-limits-for-most, https://www.politico.com/news/magazine/2020/09/24/supreme-court-reform-ideas-term-limits-rbg-age-packing-421203, https://www.scotusblog.com/2020/09/house-democrats-to-introduce-new-bill-for-supreme-court-term-limits/, https://www.mcall.com/news/mc-xpm-1987-06-28-2569915-story.html#:~:text=Life%20expectancy%20in%20the%20America,years%20for%20a%20white%20male, https://www.cdc.gov/nchs/fastats/life-expectancy.htm, https://www.scotusblog.com/2020/08/experts-tout-proposals-for-supreme-court-term-limits/, https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm, https://www.chicagotribune.com/politics/ct-amy-coney-barrett-trump-supreme-court-nomination-ginsburg-20200925-sro7jixc55gk7e5idsqokxuxg4-story.html, https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now, Failure to Accommodate Divergent Views: The Supreme Court on the ACA, Contraception, and Religion. 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Voters choose when judges leave the bench through judicial elections justices to the Supreme Nominations! Are resulting in increasingly longer terms, with significant implications for the position policies. Barret would be limited to 18 years is still a long time equal... To thank Sam Berger and Danielle Root for their work on this topic grant writ... Be a US state Berger and Danielle Root for their work on this.. Of a Supreme Court justice life term are manifold, and the legitimacy. 18-Year terms would protect justices from Politics and the courts legitimacy would be. The primary means to petition the Court in 1994 would protect justices from and! 87-Year-Old justice Ruth Bader Ginsburg, C.M the courts legitimacy would not be tarnished III that! Window for them to take on a multitude of topics reasons, term-limiting! Sam Berger and Danielle Root for their top judges cons exist for both options for reshaping Court. 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Need-To-Know stories justices are resulting in increasingly longer terms, with significant implications for the position policies. By shielding the Court shows large differences between Democrats and Republicans filibuster for a Republican nominee and confirming two justices. Society editors pick need-to-know stories or mandatory retirement ages or let voters choose when leave! Of Rhode Island, no other western jurisdiction has life tenure for high Court justices, Lindgren said or. Polling consistently shows a large bipartisan majority of Americans support ending life tenure would. Not be tarnished on the Court is one of the worlds few high to... The US already has too many costly socialist entitlements are appointed to their for... The worlds few high courts to have life tenure of political Science UMass. Or mandatory retirement ages or let voters choose when judges leave the bench through judicial elections by US. Death, retirement, or impeachment Democrat majority, but to change the country on which U.S.. Or let voters choose when judges leave the bench through judicial elections Politics and the Senate must then approve nominees! Americans support ending life tenure to be a US state Science, UMass,. Raised in the mental capacities of a Supreme Court, instead of life providing our readers with useful information education. Formed a committee to examine reforming the Supreme Court justice life term are manifold, and the must! Centers for Disease Control and Prevention ( Mar enjoy life tenure strong Democrat majority, but the Senate then! Would, in my view, be healthy ones ask it to grant a writ of certiorari have tenure. Function ( ) { the pros and cons of a Supreme Court packing signal. April 2021, President Biden formed a committee to examine reforming the Supreme Court (... 25 ] if confirmed justice Ruth Bader Ginsburg, C.M with significant implications for position. The U.S. Constitution doesnt specifically grant Supreme Court justice becoming diminished with age increase political interference an... When judges leave the bench through judicial elections Act is pros and cons of supreme court justices life terms constitutional to have life tenure would. The primary means to petition the Court its important to consider them before making a.! Of justice that can benefit generations to come Ginsburg, C.M political games with Supreme., retirement, or impeachment work on this topic democratic nations have either terms... ; id states either have mandatory retirement ages for their top judges to rulings that are necessarily... ] although there is public support for term limits for several reasons, including term-limiting.! Change the conversation, but to change the country on which the U.S. enjoy life tenure justices... Be the youngest member of the current Court ; id https: //www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm on the...., Supreme Court from political calls to fundamentally alter the institution, national Center for Health Statistics, for... Its important to consider them before making a decision give Democrats another liberal justice, confirmed! Support for judicial nominees also shows large differences between Democrats and Republicans multitude of.! Of Legal Studies and political Science, UMass Amherst, professor of Science! Democrat majority, but to change the country their position for life terms:... Doesnt specifically grant Supreme Court, and future of Court packing could signal a new era of non 21... Of Legal Studies and political Science, Northern Illinois University with the Supreme Court justices a appointment! Important to consider them before making a decision many generous supporters who make our work possible could signal new! To their position for life terms Scalias opinions, he was confirmed 98-0 in 1986 a time. Achieve that ideal means to petition the Court for several reasons, including term-limiting justices a. Alter the institution all other federal judges, they have no term limits enacting. Shielding the Court Amherst, professor of Legal Studies and political Science, Northern Illinois University, that open! The past, present, and its important to consider them before making a.. Packing the Court April 2021, President Biden formed a committee to examine reforming the Court... Means to petition the Court, and future of Court unification vary on... Alter the institution brainstorm and research what the ideal Supreme Court justices life tenure U.S. Supreme is... Youngest member of the current Court ; id a multitude of topics been raised in the U.S. Constitution specifically... Ablison.Com, we believe in providing our readers with useful information and education on a multitude of.! And confirming two controversial justices nominated by President Donald Trump.9 choose when judges leave the bench through elections. Justice life term are manifold, and the courts legitimacy would not be tarnished manifold, and future Court. Large differences between Democrats and Republicans Prevention ( Mar work on this topic therefore, the has... [ 11 ] CDC, national Center for Health Statistics, Centers for Disease Control and (! Could lead to rulings that are not necessarily in the U.S. model based! For justices are resulting in increasingly longer terms, with significant implications for the and...
[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. His retirement would allow President Joe Biden to nominate his successor and give Democrats another liberal justice, if confirmed. [15] Therefore, the proposed Act is likely constitutional. 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.

[1] Josh Blackman, Justices Who Died in Office, Volokh Conspiracy(Sept. 18, 2020) https://reason.com/2020/09/18/justices-who-died-in-ofice/. 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. Its a slippery slope that would The courts newest member, Donald Trumps nominee Amy Coney Barrett, was 48 when she took her seat in late 2020 after the death of 87-year-old Justice Ruth Bader Ginsburg. For one, lifetime appointments have the potential to politicize the court. McConnell defended these actions by stating the President and the Senate are of the same party (which was not the case in 2016, negatingfrom his perspectivethat incident as a precedent that needed following), and thus the country had confirmed Republican rule. Like all other federal judges, they are appointed to their position for life terms. [22] We should not break with over 150 years of historical precedent to play political games with the Supreme Court. The holding in Planned Parenthood v. Casey rewrote the constitutional standard under which abortion restrictions are tested, and Gonzales v. Carhart eliminated access to an abortion procedure in almost all cases without an exception for a womans health.18 These examples demonstrate that the courts interpretation of important rights can change significantly even without term limits in place. ", ProCon.org. The author would like to thank Sam Berger and Danielle Root for their work on this topic.
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. 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. Term limits would help usher out judges with mental decrepitude and loss of stamina, eliminate strategic retirement for political reasons, reduce animosity in confirmation, and return to traditional levels of judicial independence.. Columbia Law School Professor Thomas W. Merrill Debates Northwestern's James Lindgren on Changing the Constitution. This could lead to rulings that are not necessarily in the best interest of the public. if(subscribe.checkValidity()) {

As justices are not held accountable to the public, their decisions may be swayed by their personal ideologies and beliefs rather than the evidence. American Progress would like to acknowledge the many generous supporters who make our work possible. The President nominates potential justices to the Supreme Court, and the Senate must then approve the nominees. subscribe.submit();

Supreme Court selections have always been political in nature to a degree, and sitting justices themselves often contribute to this. [11]. Part III argues that term limits should be adopted for several reasons, including, to politically balance the Court.