Independent Senator Joe Manchin of West Virginia and Democratic Senator Peter Welch of Vermont introduced a resolution this week proposing a constitutional amendment to establish term limits for future Supreme Court Justices.
In a press release on Monday, Manchin described the lifetime appointment system as “broken,” attributing it to “polarizing confirmation battles and political posturing that has eroded public confidence in the highest court in our land.” He’s joined by Welch, who added that reform of the current system has broad public support, and that implementing term limits would “cut down on political gamesmanship.”
The proposed amendment outlined in the joint resolution seeks to implement staggered 18-year terms for new Justices. It would not affect the tenure of current Justices but would include a transition plan to ensure regular vacancies. “During that period, 18-year terms will begin every two years, regardless of when a current Justice leaves the bench. Once a current Justice retires, the newly appointed Justice will serve out the remainder of the next open 18-year term. The amendment would not change the overall number of Justices on the Court,” the release states.
Under the amendment, if a Justice vacates their position before the end of their term, the President would nominate a replacement to serve the remainder of the term, subject to Senate confirmation. Any reappointment of Justices after their terms expire would be prohibited.
The amendment also introduces a seniority-based system for selecting the Chief Justice, outlining that when a vacancy arises, the most senior Justice at that time would assume the role. Currently, the President appoints the Chief Justice separately, whether by elevating an Associate Justice or selecting an external candidate, also subject to Senate confirmation.
Not to argue against limiting the number of (consecutive) terms senators (or members of the house, for that matter) can hold, but senators (and representatives) do already face more accountability: because they need to be re-elected by the electorate after each term, whereas federal judges, including the supreme court, get lifetime appointments that only need to be confirmed once, and even then only by the senate, not by the electorate.
Hmmm… why not term limits for U.S. Senators?
Though I’m skeptical whether he’ll manage to get SCOTUS term limits through, Manchin certainly seems to be trying to make the most of his last days in office. Sinema too, for that matter.
https://redstate.com/bonchie/2024/12/11/kyrsten-sinema-and-joe-manchin-leave-joe-biden-one-last-parting-gift-n2183079