They are advancing a proposal for a maximum of 18 years, with the president making a new appointment every two years.
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.”
Announced on Oct. 19, the bill would require the president to appoint a new justice every two years with each losing their ability after 18 years to hear cases on the appellate docket, which is where most of the Court’s major cases (e.g. Dobbs v. Jackson Women’s Health and Roe v. Wade) have historically originated.
After 18 years, justices would still be able to hear the much smaller subset of cases that are part of their original jurisdiction.
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.
Mr. Whitehouse’s statement seemed to target groups like the Judicial Crisis Network (JCN), which he’s previously called out by name and which has worked to influence judicial nominations.
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.
Mrs. Severino has accused Mr. Whitehouse of threatening the Court in an amicus brief for New York State Rifle and Pistol Association v. City of New York.
“We’ve seen this movie before,” Mrs. Severino said. “Sen. Whitehouse has been waging an intimidation campaign against the Court for years now.
By Sam Dorman
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