A group of Senate Democrats proposed limiting Supreme Court justices’ terms to 18 years in order to “ensure the Court is more accountable to the American people.”
Sen. Sheldon Whitehouse (D-R.I.), who authored the legislation, released a statement on Oct. 19 denouncing an “organized scheme by right-wing special interests to capture and control the Supreme Court, aided by gobs of billionaire dark money flowing through the confirmation process and judicial lobbying, has resulted in an unaccountable Court out of step with the American people.”
“Term limits and biennial appointments,” he added, “would make the Court more representative of the public and lower the stakes of each justice’s appointment, while preserving constitutional protections for judicial independence.”
The proposal comes amid concerns about aging public servants like Senate Minority Leader Mitch McConnell (R-Ky.). Former Justice Stephen Breyer, the most recent Supreme Court justice to retire, was 83 when he left the Court.
The prior vacancy came after Justice Ruth Bader Ginsburg died at the age of 87.
JCN president Carrie Severino, a former clerk of Justice Clarence Thomas, told The Epoch Times that Mr. Whitehouse’s legislation was a veiled attempt to eliminate originalist judges like her former boss.
“We’ve seen this movie before,” Mrs. Severino said. “Sen. Whitehouse has been waging an intimidation campaign against the Court for years now.
“His latest threat claims to be taking the politics out of Court nominations but his real agenda is unmistakable: to get rid of originalist justices starting with Justice Thomas.”
Justice Thomas is the longest-serving justice on the Court as he assumed office in 1991 after being nominated by former President George H.W. Bush.
President Bush’s son and eventual successor, former President George W. Bush, nominated both Chief Justice John Roberts and Justice Samuel Alito, who have been on the Court the longest after Justice Thomas.
Supreme Court justices have historically received lifetime tenure while conventional understanding posits that judges should rule according to the law rather than responding to popular interests.
The Rhode Island senator maintained that his bill was a mechanism for depoliticizing Court appointments. The total number of justices could presumably double or reach even higher numbers as justices, under his plan, continue hearing original jurisdiction cases after their 18-year term with the appellate docket.
Others like the late Sen. Dianne Feinstein (D-Calif.) and Sen. Lindsey Graham (R-S.C.), who sits on the Judiciary Committee with Mr. Whitehouse, have defended lifetime tenure.
Mr. Whitehouse’s proposal would seem to get around this provision by maintaining lifetime tenure for justices but only for cases that fall under the Court’s original jurisdiction.
Sen. Josh Hawley (R-Mo.), another member of the Judiciary Committee, has suggested another rotational scheme in which appellate judges temporarily leave their posts to serve on the Supreme Court.
“Thus Congress could stipulate that the Supreme Court be staffed with nine life-tenured judges drawn at random from the courts of appeals.
“These judges would serve on the Supreme Court for a term of several years, and then return to their original appointed posts on the lower appellate courts, to be replaced by another group of nine drawn by lot.
“The rotation of the judges on and off the Court could easily be staggered to ensure some continuity from year to year.”
The political Left has issued many calls for Court reforms in recent years as Republicans secured a 6-3 conservative majority and the Court issued several controversial rulings, such as the overturning of Roe v. Wade.
Mr. Whitehouse has joined a chorus of voices on the Left proposing that the Court be more accountable to the will of the people.
Mr. Whitehouse’s legislation received endorsements from multiple groups, including Citizens for Responsibility and Ethics in Washington, Demand Justice, and the Brennan Center for Justice.
