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Senators Propose Legislation to Limit Supreme Court Terms to 18 Years


The proposed legislation aims to initiate the constitutional amendment process, which necessitates supermajority approval in Congress and ratification by three-quarters of the state legislatures.

Two senators have put forth a proposed amendment to the U.S. Constitution intended to establish term limits for Supreme Court justices.

In November 2023, the Supreme Court adopted a code of conduct unanimously, which delineates the standards of behavior expected from the justices.
On December 5, Senators Peter Welch (D-Vt.) and Joe Manchin (I-W.Va.) introduced a resolution that would set an 18-year term limit for newly appointed justices, leading to a new vacancy approximately every two years. This constitutional amendment requires a two-thirds majority approval in both houses of Congress and subsequent ratification by three-quarters of the states to take effect.
As per a summary shared by Welch, the amendment would maintain the current law that sets the number of justices at nine, while instituting a transition period to ensure that vacancies occur systematically.
“It’s critical that we take steps to rebuild public confidence in our nation’s highest court as soon as possible. Implementing term limits for Supreme Court justices will minimize political maneuvering and is a pragmatic reform that enjoys majority support among Americans,” Welch stated in a joint statement with Manchin on December 7. “I’m honored to spearhead this initiative with Senator Manchin, aimed at restoring Americans’ trust in our judicial system.”

Under the proposed system, new 18-year terms would commence every two years, regardless of when a current justice retires. When a justice steps down, the following appointee will take over for the remainder of the next scheduled 18-year term.

Manchin, whose Senate term concludes when the new Congress assembles on January 3, 2025, expressed that the existing lifetime appointment system is flawed and gives rise to divisive confirmation struggles and political maneuvering, which have diminished trust in the Supreme Court.

“Our proposed amendment ensures that there will always be nine justices and will gradually create regular openings on the court, allowing the President to appoint a new justice every two years with the Senate’s advice and consent,” he stated.

Additional proposals are under consideration in Congress aiming to limit the tenure of Supreme Court justices.

Senator Sheldon Whitehouse (D-R.I.), who leads a Senate subcommittee that oversees federal courts, has introduced legislation restricting justices’ terms to 18 years. Representatives Don Beyer (D-Va.) and Ro Khanna (D-Calif.) have introduced a similar bill in the House.

Representative Hank Johnson (D-Ga.) proposed legislation mandating that justices retire after 18 years of active service, transitioning to senior status—a semi-retirement for federal judges—while continuing to receive a federal paycheck for life. A law from 1937 permits retired justices to serve on lower courts by “designating” as needed.

Senator Lindsey Graham (R-S.C.), ranking member of the Senate Judiciary Committee, has voiced his opposition to reform proposals regarding the Supreme Court, including those advocating for term limits, which are supported by Democratic lawmakers and President Joe Biden.

“They aim to pack the court and … undermine the conservative majority,” Graham declared in a July 28 interview on CBS’s “Face The Nation.”

“Their intent is not to improve the court; it’s to make it more liberal.”

The Epoch Times has reached out to the Supreme Court for comments but has yet to receive a response by the time of publication.



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