Then how do you expect to abolish a judicial prerogative that predates the existence of this country itself?
Well, you may trust them to do this. I sure don’t.
I’ve often heard 18 years as a good number, but I’d be open to 12, too. Or split the difference and give them 15.
Dunno, but I am saying a better way exists. I don’t have the expertise to outline it completely.
Seems to me that it would be a lot easier to try and win a couple more seats in the Senate so that Democrats can abolish the filibuster. No filibuster, no minority blocking the passage of popular legislation to correct bad court decisions.
Honestly, a lot of our problems could be resolved by taking TV cameras out of Congress so that the members will have to spend their time in there governing instead of trying to go viral or generating soundbytes for the evening news.
Any better way is useless if there’s no realistic way to achieve it.
I think it is commonly 18 years for 9 justices, the idea being a President appoints a justice every 2 years.
And to my mind the most important thing isn’t even the length of the term, but the pacing. Right now, every Supreme Court vacancy becomes a do-or-die proposition for the political parties because it may well be ten years before there’s another opening. If every President was guaranteed the opportunity to fill two seats, it could take some of the rancor out of the process as the party out-of-power would know they could have a chance to fill some seats after the next election.
It’s a good proposal. What happens if a justice dies? Do they jump ahead in the retirement order giving someone else an extra 2 years? Presumably with 18 year terms it wouldn’t happen often and would most likely be the oldest justice that dies.
The average length of service is 16 years, but recent justices have been serving much longer. Both Roberts and Alito are over 18 years already (as is Thomas obviously).
Waiting for a president from your party will only stretch out the lengths of service.
List of United States Supreme Court justices by time in office - Wikipedia.
An interesting fact I ran across: only 10 of the 116 justices clerked for a justice themselves. Of those 10 justices, 6 are on the bench now.
There is- it is called a constitutional amendment.
You forget- Gibbons v. Ogden (1824) , Brown v. Board of Education (1954), Gideon v. Wainwright (1963), Miranda v. Arizona (1966), etc etc. and you think Citizens United is stupid, but it is not Yes, corporations do have rights- and responsibilities. They can be sued , they can be held liable under civil and criminal law, The fact that Corporations have rights(and responsibilities) like people goes back to 1818, not Citizens United.
But Roe was a SCOTUS decision. Without judicial review it never would have been there to start. Women would never have had the rights to decide their own bodies- and when Roe was overturned- that right wasnt totally taken away- it was just subjugated to the states- and in still half the states it is legal. Now, I disagree with trump filling the Supreme court with two hired guns specifically to overturn Roe, but if we re-elect Biden there will be several new slots to be filled.
Right. They just dont want to pass those laws- they love the $$.
18, or 80yo. whichever comes first.
It doesnt.
You’re assuming that the Congress won’t itself be crazy-ass. Current evidence indicates the contrary.
I rather think that was the whole idea.
Whether it’s a good idea may be another question. My answer has something of a tendency to depend on what it is that isn’t getting done.
Only if someone dies. The three longest serving justices are conservatives and they are young enough to serve 4 more years.
So true. SCOTUS is part of the checks and balances system. The current SCOTUS is kinda bad as trump got to pack the court with two very bad Justices- and that was due to the machinations of Mitch McConnell . (Although I can often disagree with Gorsuch, he is honest, and obviously doesnt owe trump any favors).
Thomas is old and in poor health. He is the oldest Justice, iirc. And the worst.
Clarence Thomas will spit in Death’s eye before he’ll let Biden replace him. He holds Biden – then Chairman of the Senate Judiciary Committee – personally responsible for the Anita Hill testimony at his confirmation hearings.
Gawd help us. You have a (near) plurality of US voters who are assured that POTUS 45 is not forever disqualified from holding office; and who elect/reelect the ilks of MGT and Gaetz to term limited positions and you want them dealing out life appointments to any position above dogcatcher?
Firstly term limits are needed, be it 70, 75, 80 years, largely immaterial but I’d plunk for 75.
Grandfather/Grandmother the existing justices.
Then select new nominations come from the most non-partisan deliberative body you can.
Sure that’s hard in the existing caustic environment, but it’s not like it impossible. Lots of other countries do it all the time. And because they can do the caustic environment is to a significant degree neutralised.
Say you select them from a committee of their peers drawn from the 13 Circuit Courts.
Lock 'em up all up in a room like the Papal conclave until a puff of white smoke indicates that the best/most feasible nominee has been selected by their peers. Preferably something more hip, like an TikTock post. “Kiddos, meet the new Big Cheese for the next 20 years”.
Well yeah but, Mr Murphy is actively involved here and the first case before the expanded/randomly empaneled Court will be (insert a liberal article of faith) and by fickle fate will have a super majority of either Thomas or Sotomayor clones hearing it and out blows credibility right out of the gate.
Personally, I like the idea of a panel of senior and retired federal judges compiling a short list of names and submitting it to the president for him/her to select from.
And also nominating someone relatively young so your appointment can stay on the court 30 to 40 years.
@flurb is right – Thomas won’t retire during a Biden presidency. He’ll spend the rest of his time absent from the court if he has to.
The only way Biden gets another pick is if someone dies – and then only if the Dems have the Senate. Certainly Biden won’t fill ‘several’ slots.
Yep, that’s good too.
No, I think the SC justices–and all federal justices–should have 6-year terms.
Corrupt scum like Thomas could then get thrown out.
Well I don’t have a issue with long term appointments for those duely qualified. But whatever works.
But do you want the judiciary out on the campaign trails seeking re-election for a second term? Or are you advocating no Justices can have more than 6 years experience?
And on what basis would the average voter have to assess the merits of names on the ballot for each half election or the full bench if deemed necessary? The Primaries and the General are too long by any measure, but at least you can say the candidates have been thoroughly vetted.