Student and Practitioner Legal Scholarship Online, Sarah Simon, Associate Member, University of Cincinnati Law Review, Justices on the Supreme Court are appointed for life. Therefore, term limits are necessary because newer judges can have a different point of view, mental health will be reduced, and the majority of Americans support term limits. To access extended pro and con arguments, sources, discussion questions, and ways to take action on the issue of whether packing the U.S. Supreme Court should be considered, go to ProCon.org. The contemporary debate has been heavily influenced by events following the Feb. 13, 2016, death of conservativeAssociate Justice Antonin Scalia. The express and implicit separation of the Supreme Court from the other branches of Government is therefore upheld. Do you think the Court would be improved if we instituted some term limits on the justices? Justices of the United States Supreme Court are appointed by the sitting president. Until her passing at the age of 87 on September 18, 2020, the oldest justice on the current U.S. Supreme Court was Ruth Bader Ginsburg. Nevertheless, this benefit cannot WebThe statue Contemplation of Justice stands on the steps of the U.S. Supreme Court on June 15, 2020, in Washington, D.C. (Getty/Chip Somodevilla) "I do think that if there were a l In 1975, the average salary for a Supreme Court justice was just under $50,000. Article III of, An impending issue currently involves the terms of the U.S. Supreme Court Justices. The decisions that they have made on current and past issues have initiated change in American society. 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 Congress. The Supreme Court will have a fair and impartial interpretation of the Constitution in the long run, as well as the countrys diversity, if this is done. An impending issue currently involves the terms of the U.S. Supreme Court Justices. In Texas, judicial selection is carried out by partisan elections where voters get to choose the judges and justices. This proposal has the benefit of limiting a Justices time on the bench, but that is outweighed by the proposals flaws. His ruling on Gideon v. 78. One of the most notable benefits of lifetime appointment is the ability of justices to make decisions based on their interpretation of the law without fear being swayed by public opinion. The nominees are confirmed or denied by the checks and balances of the Senate. Others argued as well that, since there was a chance that the results of the 2020 election could be challenged in the courts, and perhaps even at the Supreme Court level (due to concerns over the handling of mailed-in ballots), it was critical for an odd number of justices to sit on the Court (for an even number, such as eight, could mean a split 4-4 decision on the critical question of who would be deemed the next U.S. president, sending the country into a constitutional crisis). Serving as a Supreme Court justice is one of the most prestigious and influential positions in the United States. CON: It Could Make SCOTUS More Political. Term limits are a bad idea for Supreme Court Judges. lT;fF=,K[cNK9[[*M@jrvrDC@7~qvFY2p=c1|2oW~l6X,B&B$ E$f$D`$Lbc&Tivd,Pgffo*E5FUT/k*Hx?;(t.`PF:FfRP~C%]}'cF]! At times, however, the judicial leanings of Court Justices prove Lindgren, a former classmate and colleague of Merrills at the University of Chicago and Northwestern respectively, began the debate advocating a constitutional amendment instituting term limits for Supreme Court justices. [10] Today, US life expectancy is about 79 years (across demographics) and the average justice spends 28 years on the Court. That majority expanded to 6-3 in 2020 with the appointment of Amy Coney Barrett. In addition to a competitive salary, Supreme Court justices also enjoy a number of other benefits. Would the Court be any better if we the people were able to [12] Therefore, implementing term limits by statute would still be consistent with the Framers intent. Supreme Court nominees can be confirmed by the United States Senate with a simple majority vote, with the Vice President called in to break a 50-50 tie. [19] If the Court is not viewed as legitimate, the public is less likely to follow its opinions. Term limits would help usher out judges with mental decrepitude and loss of stamina, eliminate strategic retirement for political reasons, reduce animosity in confirmation, and return to traditional levels of judicial independence.. If a Republican is elected president, the court could continue to issue decisions that are favorable to conservatives in the many cases it hears. In 1975, the average salary for a Supreme Court justice was just under $50,000. One popular suggestion among political analysts and scholars is to impose an 18-year term limit, though critics note that that particular plan does bring up the potential that at some point, a single president could end up appointing the majority of the justices on the court. The system is not liked by everybody because of the way it selects our judges. There are few political appointments quite as important as a nomination to the U.S. Supreme Court. For example, the Chief Justice of the United States earns more than associate justices. Also, President Trump lost the popular vote, so him getting his third appointment makes the Court seem less in tune with the public. Historical precedent most strongly supports a nine-judge Supreme Court. [27] Ron Elving, What Happened with Merrick Garland in 2016 and Why It Matters Now, NPR (June 29, 2018) https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now; Judge Merrick Garland was former President Obamas Supreme Court nominee in 2016. A lifetime appointment does not require that a justice serves till death, points out Demleitner. What do you see as the pros and cons of the fact that Supreme This article will explore the various factors that go into determining a Supreme Court justices salary, as well as the benefits they receive, how their pay compares to other high-ranking government officials, and more. His religious background is a bit unusual, he grew up Roman Catholic and attended weekly mass with his siblings but now he attended an Episcopal Church. Instead, the document addresses the ability of Court Justices to hold office during good Behavior and does not provide for the necessity that a Court Justice resign after a certain age or period of service. WebWhat 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? In fact, Justices are now serving an average of 26.1 years before retiring or deathtwelve years longer than they did when the average span of a judges tenure was roughly fourteen years. WebDo you think Supreme Court judges should be appointed for life or should they have term limits, like officials in Congress and the president? At the time of McConnells Sept. 18 announcement via Twitter, there were 124 days left in Trumps term and 45 days until the 2020 election. On the other hand, Supreme Court justices must abide by a strict code of conduct and are expected to remain impartial and unbiased in all their decisions. [24] Without term limits, Judge Barret could be on the Supreme Court for several decades as she is only 48. The Supreme Court acts as a check against the power of Congress and the president. Third, people must be quiet while court is in session. This sometimes creates criticism on both sides of the political spectrum. WebThe Supreme Court justices should have life tenures because as current issues and court rulings- such as obamacare and same-sex marriage- are happening today, it is better to have older, unbiased, more experienced minds handle them. Do you think the Court would And also to protect our Supreme Judges from political pressure. [21] U.S. Senate, Supreme Court Nominations (1789-Present) https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm. He proposed that, after a period of transition from the current system, justices be limited to 18-year terms so that a new member would be nominated The salaries of Supreme Court justices have increased significantly over the years. Today, the average salary for a Supreme Court justice is over $250,000. Plus, as Glock points out, a then new law reducing Supreme Courtpensionswas preventing retirements at the very time Roosevelt was calling for them. https://reason.com/2020/09/18/justices-who-died-in-ofice/, https://www.npr.org/2020/09/18/100306972/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87, https://www.reuters.com/article/us-usa-court-termlimits/democrats-prepare-bill-limiting-u-s-supreme-court-justice-terms-to-18-years-idUSKCN26F3L3?utm_source=reddit.com, https://thehill.com/hilltv/what-americas-thinking/408781-americans-tend-to-be-in-favor-of-term-limits-for-most, https://www.politico.com/news/magazine/2020/09/24/supreme-court-reform-ideas-term-limits-rbg-age-packing-421203, https://www.scotusblog.com/2020/09/house-democrats-to-introduce-new-bill-for-supreme-court-term-limits/, https://www.mcall.com/news/mc-xpm-1987-06-28-2569915-story.html#:~:text=Life%20expectancy%20in%20the%20America,years%20for%20a%20white%20male, https://www.cdc.gov/nchs/fastats/life-expectancy.htm, https://www.scotusblog.com/2020/08/experts-tout-proposals-for-supreme-court-term-limits/, https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm, https://www.chicagotribune.com/politics/ct-amy-coney-barrett-trump-supreme-court-nomination-ginsburg-20200925-sro7jixc55gk7e5idsqokxuxg4-story.html, https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now, Failure to Accommodate Divergent Views: The Supreme Court on the ACA, Contraception, and Religion. Thanks to increased lifespans, justices appointed in the next century are expected to sit on the Supreme Court for an average of 35 years, compared to the average of around 16 years that judges served in the past. The only Supreme Court justice Congress has tried to impeach was Samuel Chase, who was appointed by George Washington in 1796. [14] The proposed Act includes this option for justices after they spend 18 years on the Supreme Court, which makes the Act constitutional according to some legal scholars. Long tenures in office won't take away power from the president or weaken the executive branch. Adding justices would ensure that it never reflects only one partys political agenda. However, the Constitution was ratified in 1787 when the average life expectancy for a white male in the US was about 38 years. BACKGROUND. Court justices have life-time terms and the fact that they are NOT Performance is also taken into account when determining a Supreme Court justices salary. The Act would help solve this imbalance by limiting president appointments to two per term, giving future Democratic presidents more opportunities to appoint justices than they have had so far. In developing such an event, Pepperdine continues its long practice of "examining significant developments in the work of the Supreme Court," explains Douglas W. Kmiec, Caruso Family Chair and professor of constitutional law. Hi, I'm Happy Sharer and I love sharing interesting and useful knowledge with others. 2003-2023 Chegg Inc. All rights reserved. [8] The term good behavior has been interpreted by textualists to mean Supreme Court justices should serve life 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. Do you think the Court would be improved if we instituted some Supreme Court Justice Pros And Cons lifetime designation of our Supreme Court is to guarantee the honesty of the power allowed to Court Justices and protect them against unjust interference from either the legislative or executive branch. In the wake of this appointment, South Bend, Indiana, Mayor Pete Buttigieg, then also a 2020 presidential candidate, suggested expanding the court to 15 justices in the Oct. 15, 2019, Democratic presidential debate. Lindgren, a former classmate and colleague of Merrills at the University of Chicago and Northwestern respectively, began the debate advocating a constitutional amendment instituting term limits for Supreme Court justices. different in practice than they had previously appeared. [3] Andrew Chung, Democrats Prepare Bill Limiting U.S. Supreme Court Justice Terms to 18 Years, Reuters (Sept. 24, 2020) https://www.reuters.com/article/us-usa-court-termlimits/democrats-prepare-bill-limiting-u-s-supreme-court-justice-terms-to-18-years-idUSKCN26F3L3?utm_source=reddit.com. Also Plessy v. Ferguson in 1896 played an important role in history., Before the election, if President Obama was not able to get the Senate to approve his United States Supreme Court applicant, the next president would potentially be responsible for filling the vacant spots on the court over the term due to possible retirements and deaths. Thus far, presidential appointments have not been evenly distributed between Democrat and Republican presidents. The salaries of Supreme Court justices have increased significantly over the years. elected by the people? The effects of their decisions have ranged from improving the status of certain ethnic groups to limiting the procedures of law enforcers and clearly defining the rights of lawbreakers. An In-Depth Look, Are You Ready For a Miracle? However, it is important to consider the pros and cons of such a position before deciding if it is right for you. The lifetime appointment is designed to ensure that the justices are insulated from political pressure and that the court can serve as a truly independent branch of government. Then, where does that leave the idea the that no case is prejudged? . One of the most notable benefits of [11] According to the living Constitution approach, the Framers did not intend for justices to serve for as long as they do now because life expectancy was significantly shorter. The difference is: Senior judges remain federal judges. Read on to learn why Supreme Court justices serve for life, and what those lifetime appointments entail. The idea of lifetime appointment comes from Article III of the U.S. Constitution, explains Burt Neuborne, Norman Dorsen Professor of Civil Liberties and founding Legal Director of NYU Law Schools Brennan Center for Justice. [15] Therefore, the proposed Act is likely constitutional. Though the U.S. Supreme Court has never had term limits before, there have recently been serious proposals to implement them. The effort is frequently framed as a battle between an entrenched, reactionary Supreme Court, which overturned a slew of RooseveltsNew Dealeconomic reforms, against a hubristic president willing to take the unprecedented step of asking Congress to appoint six new, and sympathetic, justices to the bench, according to Cicero Institute Senior Policy Advisor Judge Glock, PhD. Some states pay their Supreme Court justices more than others. Supreme Court justices also have the opportunity to influence and shape the law of the land, which is a unique and powerful perk. Was Martin Luther King, Jr., a Republican or a Democrat? A Guide to Hair Length Requirements, How to See Deleted Text Messages: A Step-by-Step Guide, How to Upload Song to Apple Music: A Step-by-Step Guide, Exploring Who Is Touring with Elton John: An Inside Look at the Legendary Singers Bandmates, Improving Your Writing: Read, Outline, Practice, Revise, Utilize a Thesaurus, and Ask for Feedback, Is Medicare Rewards Legit? There are a few things that are not allowed in the Supreme Court. Inaccordance with the principle of providing checks and balances, the executive and legislative branches exercise control over the Supreme Court by, respectively, proposing and approving candidates for that body. If a Democrat is elected president, the court could shift towards a more liberal direction. WebSupreme Court justices, like all Article III federal judges, have two choices if they choose to retire. To be eligible, they have to have (I think) 15 years service as a judge and be 65 Nevertheless, this benefit cannot be taken away unless they resign, retire, or get impeached. `2lM q$'Uw* Earl Warren was the 14th chief justice of the Supreme Court and saw some of the most important cases in the history of the United States and many are still in effect today. So, Justice Ginsbergs vacancy would not be filled until next year, when either President Trump or a new president takes office. He has the typical high educational degree background any Supreme Court justice has. [25] If confirmed, Judge Barret would be the youngest member of the current Court; id. These changes have had both positive and negative results. Congress can override the decision after it has been reviewed by both Houses. }ks6w The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office., Thenumber of justiceson the Court, set at nine since the mid-19th century, has changed over the years. Currently, the House has a strong Democrat majority, but the Senate has a Republican majority. WebPros 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 But why do justices serve for life, anyway? People would want to chose who there own supreme court justices are. People would want to chose who there own supreme court justices are. Each of the three systems of Supreme Court justices' appointment has pros and cons. Your email address will not be published. PRO: No Life tenure being a benefit that not even the president is able to get. oA;xQyY;v The first is experience. Court packing is increasing the number of seats on a court to change the ideological makeup of the court. In addition, they can serve there whole life for unlimited years meaning they potitionaly could v&jD& :N ;72j0FIO]Ph7dt$.>9Wv59.P g)HK9@3`M~i,+ L`V14E6AcHLOHzR/'7QknS0Dm^sN06d&[5Bnt`V70|4sql`$`hyiJ~1Vel:2T 70tzfVvo68[~xtO7Pg~N8(K`2R3NeX]'zKW]W-05-T;Esi gq8zyo3vj?ia{xt'_ou,,$; There are nonpartisan statewide elections to choose justices for ten-year terms. [10] Frank Whelan, In the America of 1787, Big Families are the Norm and Life Expectancy is 38, The Morning Call (June 28, 1987) https://www.mcall.com/news/mc-xpm-1987-06-28-2569915-story.html#:~:text=Life%20expectancy%20in%20the%20America,years%20for%20a%20white%20male. 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