The Need for Supreme Court Term Limits

Overview:

This article, written by Maggie Jo Buchanan, addresses the need for implementing term limits for U.S. Supreme Court Justices to reflect modern societal changes.

• Buchanan points out that the average tenure of Supreme Court justices has significantly increased, leading to a lack of regularity in vacancies and a more politically charged confirmation process.
• The article suggests that term limits could help the Supreme Court better reflect the broader public and reduce the politicization of the court.​

Key Quotes:

1. "The average justice’s term is now longer than it has been at any other point in U.S. history."
2. "Regular appointments, however, would hopefully make the confirmation process less political."

What They Discuss:

•  The average age of Supreme Court justices has remained static, but their terms have lengthened due to increased life expectancy.
• Longer terms have led to justices having more power and influence over American life, more so than other branches of government.
• The political nature of the confirmation process has intensified, with Senate leaders and presidents incentivized to secure ideologically aligned justices.
• Proposals for term limits, such as an 18-year nonrenewable limit, are gaining momentum and support from various legal academics and justices.
• Term limits could ensure more regular turnover, making the court more reflective of the public and less influenced by political agendas.

What They Recommend:

• Implement an 18-year nonrenewable term limit for Supreme Court justices.
• Ensure a more regular appointment process to reflect the broader public and reduce political tensions.
• Allow justices to continue working in a senior status after their term ends, maintaining their contributions to the judiciary.
• Consider statutory limits for term limits, either retrospectively or prospectively.

Key Takeaways:

• The article emphasizes the need for Supreme Court term limits to address the challenges posed by longer tenures and increased politicization.
• It argues that term limits would bring a healthier turnover and alignment with public sentiment, enhancing the court's legitimacy.
• The recommendations aim to balance the need for experienced justices with the benefits of regular new appointments.​

This is a brief overview of Maggie Jo Buchanan's work from the Center for American Progress. For complete insights, we recommend reading the full article.