Dems propose term limits for Supreme Court

Supreme Court justices enjoy one of the most secure jobs in America — a lifetime appointment. 

But the court has been under heightened scrutiny in recent years as public trust in the court has continued to decline. Some justices have received criticism for undisclosed gifts and trips, which has led to calls for a code of ethics and other reforms.

Those calls, largely coming from Democrats; Conservatives have held a majority on the court for more than five decades, and that majority appears to have staying power. 

A group of Democratic senators is spearheading an effort to establish 18-year term limits for justices, a restriction that would allow presidents to nominate a new justice every two years.

“When they hit that 18-year mark, they can still serve as senior members of the court, but not handling the bulk of the contemporary most consequential cases,” said Sen. Alex Padilla, D-Calif., one of the bill’s cosponsors.

The proposed overhaul would begin with the first presidential term after passage. The justices would be cycled off the court in order of their seniority. To get the cycle started — if the bill became law — the most tenured justice currently on the bench would be removed first.

Padilla argues that reform is needed to restore public trust in the high court. A Pew Research poll published in July found that only 45% of Americans have a favorable view of the court — down from 65% in April 2021.

“This is not a partisan proposal because it would be every other year, two per presidential term. Some presidents serve one term, some presidents serve two, but we don’t know who the winner of the next presidential election is going to be,” said Padilla.

While Padilla says this legislation isn’t partisan, the Pew poll did find a sharp partisan divide in how Americans view the court. Approval soared to 69% among Republicans or those who lean Republican, while 25% of Democrats or those who lean Democratic viewed the court favorably.

Michele Goodwin, a constitutional law professor at Georgetown University, said part of the frustration people have with the court is that “Americans don’t think that it’s fair anymore.”

“I think Americans feel very distant from the Supreme Court and its justices. The decisions that have been brought about by the court in recent years are those that Americans who feel themselves to be most vulnerable feel that this is a court that doesn’t recognize them and their concerns anymore,” said Goodwin, who added that reforms like this could help Americans feel closer to the process and restore trust in it.

“Americans complain about seeing a Supreme Court that is very distant from their lives,” she explained. “Many Americans say they are elites who mostly have graduated from two law schools, Harvard and Yale, with some exception here or there.”

No Republicans have backed the idea, and it’s unlikely the bill has a chance of becoming law under a Republican majority in Congress and a conservative bench currently in place. But Padilla said he hopes that some Republicans will consider backing the measure.

“This is a neutral and objective proposal to try to restore fairness and, most importantly, public confidence in the Supreme Court.”