# SCOTUS and Retroactive Term Limits **URL:** \ **Category:** Politics & Elections\ **Created:** [October 30, 2020, 1:32pm UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314 "2020-10-30T13:32:19Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![Jim\_B](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jim_b/32/4338_2.png) [@Jim\_B](https://boards.straightdope.com/u/Jim_B)\ **Post date:** [October 30, 2020, 1:32pm UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314/1 "2020-10-30T13:32:19Z")
I have to tell you, at the present time, term limits is the only reform that I support for the U.S. Supreme Court. The Republicans have done some pretty dirty things. But I think–I hope–it never comes to court packing. Bad precedent no matter how you look at it IMHO. But term limits is still an interesting thing. Comedian and political commentator Bill Maher says it should be 18 years. Question: So couldn’t we just make it retroactive? Some justices have served nearly that amount already. Justice Thomas has been on the court for almost 30 years in fact. Think about it. And I don’t think that we’d have to make changes at the constitutional level. The U.S. Constitution really has little to say about the Supreme Court. Most of what governs it is actually statutory. For example, the requirement that 4 justices must agree to hear a case, comes from a statute. I forget at the moment which one. But trust me, it does 🙂 . Thoughts? 🙂 ---
**Author:** ![Munch](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/munch/32/5281_2.png) [@Munch](https://boards.straightdope.com/u/Munch)\ **Post date:** [October 30, 2020, 1:40pm UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314/2 "2020-10-30T13:40:16Z")
There are currently a lot of threads on the SCOTUS these days (for good reason, obviously). But there’s a LOT of overlap in the discussion. These threads may be of interest, and most certainly have answers to your questions. > [@What are the mechanics of changing the a US Supreme Court Justice's term](https://boards.straightdope.com/t/what-are-the-mechanics-of-changing-the-a-us-supreme-court-justices-term/924064/1): > > I’ve been wondering what the mechanics and procedures to changing the US Supreme Court. I understand that the number of judges can be changed by US Statute, passed by both houses of Congress and signed by the President, or if the President vetoes it, by passing it though Congress by 2/3rds of each house. The length of a justice’s term, which currently is for the justice’s lifetime or until he/she retires, can only be changed by a Constitutional Amendment. Does that include all the current Justic… > [@How easy is it to pack the Supreme Court?](https://boards.straightdope.com/t/how-easy-is-it-to-pack-the-supreme-court/923111/1): > > What is the mechanism required to add new justices? First the president needs to want to do this of course or its going no where. Like how many senators are required and is it even possible for the democrats to get enough to do so? It seems like the republicans could have already done so since they have the presently and a majority in the Senate. It doesn’t seem to me to be an easy thing to do so I’m confused as to why it is considered a big deal that Biden even entertain the idea. What am I… > [@SCOTUS impeachment hypothetical](https://boards.straightdope.com/t/scotus-impeachment-hypothetical/922622/1): > > I thought this hypothetical would be a nice counterpoint to the thread(s) on the issue of packing the court. First off, the election results I propose are unlikely. Please don’t fight the hypothetical. Here it is. We’ve woken up on 11/11, and all the votes have been counted. Biden won handily, if not quite a landslide. Democrats had an excellent night in the Senate. Victory was achieved in AZ, CO, GA 1&2, IA, ME, MT, and NC. Lindsey Graham lost a close one. So did John Cronyn here in Te… > [@SCOTUS Impeachment](https://boards.straightdope.com/t/scotus-impeachment/924141): > > I heard recently that the Senate has the power to impeach all federal officers. The person I heard was speculating that IF the senate flips and is democrat majority they can impeach the newest judge. Assuming a new majority, is this possible? I don’t see how it would ever happen, but is it possible? ---
**Author:** ![zamboniracer2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zamboniracer2/32/3169_2.png) [@zamboniracer2](https://boards.straightdope.com/u/zamboniracer2)\ **Post date:** [October 30, 2020, 5:42pm UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314/3 "2020-10-30T17:42:33Z")
As the OP of the “mechanics of changing SC terms” thread, I think combining the threads is a great idea. FWIW mods, you have my consent. ---
**Author:** ![Jim\_B](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jim_b/32/4338_2.png) [@Jim\_B](https://boards.straightdope.com/u/Jim_B)\ **Post date:** [October 30, 2020, 6:03pm UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314/4 "2020-10-30T18:03:19Z")
Moderators, you have my full support too if you want to combine threads. I thought my topic was a novel one. But what the heck 🙂 . ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [October 30, 2020, 6:05pm UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314/5 "2020-10-30T18:05:09Z")
> [@Jim\_B](#): > > But I think–I hope–it never comes to court packing. Bad precedent no matter how you look at it IMHO. Court packing certainly opens a can of worms but I have seen good arguments that the court should be expanded in size. The main reason is with more people on the court there is less chance that one justice leaving unbalances things and that one president can tilt the balance dramatically. I have seen 13 thrown out as a good number (and they had reasons but I forget them now). As for making things retroactive I am not sure. It would have to be a constitutional amendment and that pretty much trumps everything since it is by definition THE law. Hopefully people writing it would consider how the change would occur and say how it would be managed. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [October 30, 2020, 6:07pm UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314/6 "2020-10-30T18:07:21Z")
> [@Whack-a-Mole](#): > > I have seen 13 thrown out as a good number (and they had reasons but I forget them now). The usual touted reason is that the current Supreme Court is 9 justices because the Courts of Appeal were expanded from 7 to 9. Now that we have thirteen courts of appeal, the idea is that SCOTUS should be expanded to 13 correspondingly as well. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [October 30, 2020, 6:08pm UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314/7 "2020-10-30T18:08:57Z")
Yup…that was it. Thanks! ---
**Author:** ![Jim\_B](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jim_b/32/4338_2.png) [@Jim\_B](https://boards.straightdope.com/u/Jim_B)\ **Post date:** [November 1, 2020, 6:10am UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314/8 "2020-11-01T06:10:10Z")
Okay, and I would just add one thing. Some people say, since term limits for the SCOTUS would require a constitutional amendment, it will never be done in today’s political climate. But actually, it was first the Republicans who suggested this, along with other things to limit the high court’s power. Maybe this is the one thing both parties can agree on now. Hmmm? ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [November 3, 2020, 4:10am UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314/9 "2020-11-03T04:10:59Z")
Personally I would like to see a mandatory retirement age for all Article Three judges and either merit selection in non-partisan judicial nominating commission that would recommend a trio of candidates the President would be required to pick a nominee from for each vacancy or just make all Article Three appointments require a 3/5ths majority for Senate confirmation (that would force bipartisanship). All these reforms require constitutional amendments so they’re non-starters in today’s climate. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [November 3, 2020, 6:46pm UTC](https://boards.straightdope.com/t/scotus-and-retroactive-term-limits/924314/10 "2020-11-03T18:46:41Z")
I would not count on the party with the current advantage to be the keen on changing their advantage. For eight years under Obama republicans zealously beat the drum of government deficits and insisted it was super important. When they got into office you never heard about it and they gleefully expanded the deficit. If republicans lose the presidency today I suspect they will be right back at crying about the deficit.