In a novel proposition, a bipartisan group of US legal scholars have published a working paper that suggests an 18-year term limit for US Supreme Court justices. This proposal, made in light of several ethics scandals involving multiple Supreme Court Justices, comes from individuals associated with the American Academy of Arts and Sciences.
The paper advocates that these proposed term limits could, among other things, implications, diminish the polarization and partisanship stemming from lifetime tenure. The proponents of this idea contend that such limits could decrease the incentive for strategic retirements, lessen the political campaign-style efforts centered on the nomination process, and ultimately enhance the reputation of the judiciary.
Currently, justices appointed to the US Supreme Court serve lifetime positions – the only ways for them to vacate their seats are either through voluntary resignation or as a result of the relatively rare impeachment process. The authors of the report note that the courtroom is increasingly seen as a partisan entity, resulting in the public’s diminished perception of the institution in recent years.
The chief suggestion of the working paper is to enforce 18-year term limits for judges. Under this recommendation, if appointments are staggered, every presidential term will witness two such nominations, cumulating to a maximum of four justices per President. A successful execution of this plan would necessitate a temporary expansion of the court to 11 justices – an action that is likely to stir up controversy. Additionally, it would require an amendment to US Senate rules making it obligatory for the Senate to hold a hearing and give their advice and consent within a set timeframe – since the most common reason for a failed nomination is a Senate deadlock.
In their own words, the authors were inspired by two significant reports. The report by the Presidential Commission on the Supreme Court of the US, and “Our Common Purpose”, another remarkable report penned by the American Academy of Arts and Sciences. “Our Common Purpose” outlines several major reforms including the expansion of the House of Representatives, the introduction of ranked-choice voting in Federal elections, and the implementation of term limits for Supreme Court justices. Set up by an Executive Order by President Joe Biden, the Presidential Commission on the Supreme Court was tasked with examining the primary arguments for and against Supreme Court reform, as well as appraising the merits and legality of specific reform proposals.
For an in-depth read, you can find the full copy of the supplement here.