New Amendment Suggests Supreme Court Term Limits: Boosting Judicial Accountability?

US Senate emblem with microphones in background.

Senators propose term limits for Supreme Court Justices, sparking debate on judicial reform and accountability.

A new proposal for Supreme Court term limits has been introduced, challenging the longstanding tradition of lifetime appointments for justices.

At a Glance

Senators Joe Manchin and Peter Welch propose 18-year term limits for Supreme Court Justices
The amendment aims to address concerns over politicization and restore public confidence
Proposal maintains nine-Justice limit and includes a grandfather clause for current Justices
Constitutional amendment requires two-thirds majority in Congress and ratification by three-fourths of states

Senators Introduce Constitutional Amendment for Supreme Court Term Limits

In a bold move to reform the highest court in the land, Senators Joe Manchin (D-W.Va.) and Peter Welch (D-Vt.) have introduced a joint resolution proposing a constitutional amendment to establish term limits for Supreme Court Justices. The proposal suggests nonrenewable, 18-year terms for new Justices, with a new term beginning every two years.

The proposed amendment aims to address growing concerns over the Court’s politicization and restore public confidence in its impartiality. It maintains the current nine-Justice limit and includes a grandfather clause for sitting Justices, ensuring a smooth transition to the new system.

I’m proud to introduce legislation with @SenPeterWelch that would establish 18-year term limits for Justices of the United States Supreme Court. MORE: https://t.co/fSzh606l4a

— Senator Joe Manchin (@Sen_JoeManchin) December 9, 2024

Public Support and Bipartisan Appeal

The proposal comes at a time when public confidence in the Supreme Court is at a historic low. According to recent surveys, only 16% of Americans express strong confidence in the institution. However, the concept of term limits for Justices enjoys broad bipartisan support, with 68% of Americans favoring such a change.

Senator Manchin emphasized, “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.”

The resolution is seen as a non-partisan solution to the politicization of the judiciary. It’s worth noting that 49 out of 50 states already have term limits for their highest courts, lending credence to the feasibility of such a system at the federal level.

Challenges and Constitutional Hurdles

While the proposal has garnered support from legal experts and former judges, amending the Constitution is a formidable task. It requires a two-thirds majority in both houses of Congress and ratification by three-fourths of the states. This high bar ensures that any changes to the fundamental structure of government have overwhelming support.

“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 commonsense reform supported by a majority of Americans. I’m proud to lead this effort with Senator Manchin to restore Americans’ faith in our judicial system.” Senator Welch went on to say.

The proposal includes a transition period to ensure regular vacancies as current justices retire, with 18-year terms beginning every two years. This gradual approach aims to minimize disruption while implementing the new system.

Alternative Proposals and Ongoing Debate

The term limits proposal is part of a broader conversation on judicial reform. Some lawmakers, like Senator Elizabeth Warren, believe that term limits and court expansion could be achieved through legislative action without a constitutional amendment. Alternative proposals, such as the Judiciary Act, suggest expanding the court to thirteen justices.

The debate over court reform has intensified due to controversial rulings and uneven appointments across presidential administrations. The current system has resulted in situations where some presidents appoint multiple justices in a single term, while others may serve two terms with fewer appointments.

As the discussion continues, the Manchin-Welch proposal represents a significant step towards addressing concerns about the Supreme Court’s structure and function. Whether it will gain the necessary support to become a reality remains to be seen, but it has undoubtedly reignited the debate on judicial reform and accountability in the nation’s highest court.