The fact that justices of the Supreme Court hold differing views can be both beneficial and detrimental to some decisions. Heres what the experts say. For a brief moment in the fall of 2020, structural reform of the Supreme Court seemed like a tangible possibility. [6] Although there is public support for term limits, enacting them is more complicated. This fact alone might be enough to reconsider the justices lifetime appointments, Meltsner said. Term limits might bring the courts' opinions closer to the people. With President Donald Trump and the Republican-dominated Senate poised to nominate and confirm a replacement for the late Supreme Court Justice Ruth Bader Ginsburg '56-'58, many Democrats are crying foul. Answer (1 of 9): Pros of the current system: The Founding Fathers thought it would liberate the judgment of the justices, by having them serve for life or voluntary retirement and neither run for re-election (as state judges do) or to even have to stay in the good graces of the President or Cong. Advocates of the United States Supreme Court, however, argue that the presence of multiple justices helps to ensure a well-rounded opinion based on interpretation of the Constitution. Last modified on June 30, 2022. After the death of Justice Ruth Bader Ginsburg in September, some prominent Democratic politicians and . Will Nikki Haley face the same historic gender bias in media coverage during her presidential run? However, like any other technological innovation, it comes with its own set of pros and cons. Because the Senate approval process was delayed until 2017, the next president, Donald Trump, was allowed to appoint a new justice (conservative Neil Gorsuch) to what many Democrats called a stolen seat that should have been filled by Obama. They are enjoying extended stays on the bench due to an increase in life expectancy. What is actually happening is allowing Supreme Court justices to serve for life. Hear oral arguements. The average age of Supreme Court justices at the time of their appointment has remained stable since the late 1700s at about 50 to 55, but life expectancy since then has soared. [24] Without term limits, Judge Barret could be on the Supreme Court for several decades as she is only 48. Chill out with a cup of cold brew but dont forget the pros and cons! They can develop long-term relationships with lower court justices, legal scholars, and advocates who specialize in their areas of expertise. Do you think the Court would be improved if we instituted some term limits on the justices? "Term limits would recast the role of the court to reflect presidents political views, not the more subtle role prescribed in the Constitution, Merrill said. The digital currency boom has brought about a lot of changes in the world of finance. Is it a legitimate explanation or just an excuse? In 1869, when the number nine was chosen, the U.S. was roughly a tenth of its current size, laws and government institutions were far smaller and less complex, and the volume of cases was vastly . [9] Kalvis Golde, House Democrats to Introduce New Bill for Supreme Court Term Limits, SCOTUSblog (Sept. 24, 2020) https://www.scotusblog.com/2020/09/house-democrats-to-introduce-new-bill-for-supreme-court-term-limits/. By subscribing to this BDG newsletter, you agree to our. All other federal . The most common version of this proposal is for a term limit of 18 years, combined with a permanent fixing of the court's size at nine. pros and cons of supreme court justices life terms. Yes, indeed. The one we favor would give justices a fixed term of 18 years. [19] If the Court is not viewed as legitimate, the public is less likely to follow its opinions. Decent Essays. An impending issue currently involves the terms of the U.S. Supreme Court Justices. Fed has not yet won the battle against inflation, Northeastern economists explain, Why its OK to give your sweetheart a year-old box of Valentines Day chocolate, Protect your skin for only pennies a day by using these moisturizing tips, How a Northeastern graduate is using his brewing company, Rupee Beer, for cultural diplomacy, not just good times, Im trying to amplify her voice. Northeastern graduate writes book about a young Zambian woman who is fighting poverty with education, hope and social media, Once the nerves came out, its all baseball. Northeastern baseball team nearly pulls out victory over Red Sox, Its a sweep for Northeastern as Huskies win Womens Beanpot, 2-1, over Boston College, Drought affecting Northeasterns arboretum, but the team has a plan to keep plants healthy. Pole barn houses have become a popular option for those seeking a unique and cost-effective living space. A new justice will be appointed by the . According to Eastman, the real con of the SCOTUS term limits is that the biggest problem facing the court is not addressed. When the Constitution was written, the life expectancy for white males (the only population allowed to hold a Supreme Court seat at the time) hovered, . Advocates of the Supreme Court, however, note that presidential appointment allows for a proper balance, which is determined by national voters. Question: What do you see as the pros and cons of the fact that Supreme Court justices have life-time terms and the fact that they are NOT elected by the people? Ultimately, the number of Supreme Court justices is arbitrary, easily revised by Congress, and ripe for change. Here are the pros and cons of acrylic shower walls. "I think it does not target the real problem of judicial activism," Eastman tells Bustle. This can lead to a sometimes long appeals process while the court works toward common ground. Looking for a pain reliever thats both effective and affordable? One of the most significant drawbacks is the potential for inflation. This article was published on January . Criticisms sometimes erupt over decisions made by the Supreme Court that are based on arguments that justices are swayed by their own personal beliefs and are making their determinations based on personal preference as opposed to strict interpretation of the law. Columbia Law School Professor Thomas W. Merrill Debates Northwestern's James Lindgren on Changing the Constitution. It's time to consider setting 18-year term limits for all future . Justices wouldn't retire early just for political gain, where they wait for a president who is of their same political party, so that president can appoint someone who reflects their exact views. The nine Supreme Court justices are the only members of the federal judiciary not governed by a code of conduct. Rebekah Worsham began writing professionally in 2007 and has been published on eHow. Does the current method of waiting until a Justice retires or dies and allowing the current president to appoint a new Justice work? Legal cases should be decided on legal principles, not according to what's popular with the voters. The size of the court has sometimes been subject to political manipulation; for example, in 1866 Congress provided for the gradual reduction (through attrition) of the court to seven justices to ensure that President Andrew Johnson, whom the House of Representatives later impeached and the Senate only narrowly acquitted, could not appoint a new justice. Staggered 18-year terms minimize this risk. Constitution, Article III, law.cornell.edu (accessed Sep. 22, 2020), Brian S. Smentkowski, Supreme Court of the United States, Britannica.com, Sep. 13, 2019, Judge Glock, The Lost History of FDRs Court-Packing Scandal, politico.com, Feb. 24, 2019, Maggie Astor, Ruth Bader Ginsburgs Death Revives Talk of Court Packing, nytimes.com, Sep. 19, 2020, William E. Leuchtenburg, When Franklin Roosevelt Clashed with the Supreme Court And Lost, smithsonianmag.com, May 2005, Abigail Covington, Can a Supreme Court Justice Be Replaced in an Election Year?, esquire.com, Sep. 20, 2020, Harper Neidig, Buttigieg Defends Court-Packing Proposal at Democratic Debate, thehill.com, Oct. 15, 2019, Mitch McConnell, twitter.com, Sep. 18, 2020, Leah Greenberg and Ezra Levin, Should the size of the Supreme Court expand to change the ideological balance? "Term limits would help usher out judges with mental decrepitude and loss of stamina," he said in his debate. Term limits are a bad idea for Supreme Court Judges. Part II will discuss the constitutionality of term limits. When this sort of imbalance exists, court packing should be considered. The European Common Market is a vast network of commerce and trade, with a plethora of benefits and drawbacks. A new justice would be appointed every two years on this plan, with current justices being exempt. We and our partners use cookies to Store and/or access information on a device. The federal minimum wage is $7.25 an hour, and the average worker works 40 hours a week. 17, 2017) https://www.cdc.gov/nchs/fastats/life-expectancy.htm; Kalvis Golde, Experts Tout Proposals for Supreme Court Term Limits, SCOTUSblog(Aug. 4, 2020) https://www.scotusblog.com/2020/08/experts-tout-proposals-for-supreme-court-term-limits/. Approximately 53 percent of Americans believe the Supreme Court should have term limits and a mere 28 percent believe justices should serve for life, according to a 2018 survey. Northeastern London professor thinks she knows why, When I look at it, I see love. MLK Memorial The Embrace on Boston Common elicits warmth, artistic criticism. The Advantages & Disadvantages of the Criminal Justice System, "Forbes" Magazine; How to End the Supreme Court Appointments Battle; Bruce Bartlett; 2009, Laws.com: Purpose of Lifetime Appointment and Pros and Cons, Protect Our Elections; Rep. Chris Murphy Announces Bill to End Supreme Court Immunity to Judicial Ethics Law; Feb. 18, 2011, Cornell University Law School: Supreme Court Rules, Cornell University Law School: Selected Historic Decisions of the US Supreme Court. [24] Rick Pearson & Jason Meisner, President Trump Officially Nominates Chicago Federal Judge and Ex-Notre Dame Law Professor Amy Coney Barrett to Supreme Court, Setting Up a Bitter Confirmation Confrontation in Senate, Chicago Tribune (Sept. 26, 2020) https://www.chicagotribune.com/politics/ct-amy-coney-barrett-trump-supreme-court-nomination-ginsburg-20200925-sro7jixc55gk7e5idsqokxuxg4-story.html. Consider the past, present, and future of court packing at SCOTUSblog. He presented evidence demonstrating that in recent decades justices have tended to linger on the court longer than their predecessors, and argued that term limits would help return the Supreme Court to its historic norm of shorter terms. [28] If the bill is passed, President Trumps nominee, Judge Barret, would not be confirmed as President Trump has already appointed the maximum of two Supreme Court justices, Justice Neil Gorsuch and Justice Brett Kavanaugh. This theory is known as Keynesian economics, and it emphasizes the role of the government in regulating the economy. Establish, through federal legislation, eighteen-year terms for Supreme Court justices with appointments staggered such that one nomination comes up during each term of Congress. These are some pros and cons of that plan. Life Tenure Is Too Long for Supreme Court Justices. 18 years is still a long time, equal to three Senate terms. In conclusion, while Keynesian economics has its pros and cons, it remains a relevant and important economic theory in the modern world. 3, 2019, Supreme Court of the United States, FAQs - General Information, supremecourt.gov (accessed Sep. 22, 2020), Elizabeth Nix, 7 Things You Might Not Know about the U.S. Supreme Court, history.com, Oct. 8, 2013, National Constitution Center Staff, Why Does the Supreme Court Have Nine Justices, constitutioncenter.org, July 6, 2018, Michael H. McGinley, Should the Size of the Supreme Court Expand to Change the Ideological Balance? On Changing the Constitution revised by Congress, and future of Court packing at SCOTUSblog vast. While the Court would be improved if we instituted some term limits might bring the '. Past, present, and future of Court packing should be decided on legal principles, not to... We favor would give justices a fixed term of 18 years, not according to what & # x27 s! 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