Major Shift: Proposal to Cap Supreme Court Tenures at 18 Years

Illuminated courthouse building at dusk with columns

Senators Peter Welch and Joe Manchin propose a constitutional amendment to limit Supreme Court justices’ terms to 18 years, igniting debate over judicial reform.

At a Glance

  • Proposed amendment would set 18-year nonrenewable terms for new Supreme Court justices.
  • New justice appointments would occur every two years, maintaining nine-member court.
  • Aim is to restore public trust and reduce political tension in nomination process.
  • Majority of Americans support term limits for Supreme Court justices.
  • Constitutional amendment faces significant hurdles for passage.

Senators Propose Constitutional Amendment for Supreme Court Term Limits

U.S. Senators Peter Welch and Joe Manchin have introduced a resolution to amend the Constitution, proposing 18-year term limits for Supreme Court justices. This bold move aims to address growing concerns about the politicization of the nation’s highest court and restore public confidence in the judiciary.

The proposed amendment would establish nonrenewable 18-year terms for newly appointed justices, with a new term beginning every two years. This systematic approach would maintain the court’s membership at nine justices while creating regular vacancies for presidential appointments.

Addressing Public Trust and Political Gamesmanship

Recent polls indicate a significant decline in public trust in the Supreme Court, with only 16% of Americans expressing strong confidence in the institution. The proposed amendment seeks to address this issue by reducing political maneuvering in the nomination process and reinforcing judicial independence.

“Taking action to restore public trust in our nation’s most powerful Court is as urgent as it is necessary. Setting term limits for Supreme Court Justices will cut down on political gamesmanship, and is a commonsense reform supported by a majority of Americans.” – Senator Welch

The proposal has garnered support from former federal judges and legal scholars who view it as a necessary step towards modernizing the court system. Proponents argue that regular turnover on the bench would help ensure that the court’s composition better reflects the will of the electorate over time.

Challenges and Opposition

Despite widespread public support for Supreme Court term limits, with 58% of eligible voters in favor according to a Newsweek poll, the proposed amendment faces significant hurdles. Constitutional amendments require a two-thirds majority in both houses of Congress and ratification by three-quarters of the states.

“I’m proud to introduce this legislation with Senator Welch that would establish 18-year term limits for Justices of the United States Supreme Court. The current lifetime appointment structure is broken and fuels polarizing confirmation battles and political posturing that has eroded public confidence in the highest court in our land. Our amendment maintains that there shall never be more than nine Justices and would gradually create regular vacancies on the Court, allowing the President to appoint a new Justice every two years with the advice and consent of the United States Senate. I encourage my colleagues on both sides of the aisle to join our legislation to help restore faith in our judicial system.” – Senator Manchin

The proposal has its detractors, including Senator Lindsey Graham, who views it as an attempt to alter the court’s ideological balance. Critics argue that term limits could potentially undermine the court’s independence and lead to increased political pressure on justices nearing the end of their terms.

Alternative Proposals and Future Outlook

While the constitutional amendment route is challenging, alternative proposals for Supreme Court reform are also under consideration. Some lawmakers, like Senator Elizabeth Warren, believe that term limits and court expansion could be achieved through legislative action without amending the Constitution.

As the debate over judicial reform continues, the proposed amendment by Senators Welch and Manchin represents a significant step towards addressing long-standing concerns about the Supreme Court’s structure and its role in American democracy. The coming months will likely see intense discussions and debates as lawmakers and the public grapple with the future of the nation’s highest court.

Sources:

  1. Welch, Manchin lead constitutional amendment to establish Supreme Court term limits
  2. Supreme Court Term Limits? Senators Push for Constitutional Change
  3. Senators Introduce Bill to Cap Supreme Court Terms at 18 Years