Tag Archive | 18 Year Term Limit

What an 18-Year Term Limit for Supreme Court Justices Might Look Like

By Steve Klepper (Twitter: @MDAppeal)

By a large majority, Americans favor term limits for Supreme Court justices. As Professor Orin Kerr has observed on Twitter: “Reminder: It is incredibly weird that how many Supreme Court picks a President gets depends on who decides to retire or who dies. 18-year terms would make so much more sense than life tenure. Every Prez would get two picks.” I agree with this idea. The devil, however, is in the details.

A constitutional amendment is necessary, and the mere perception of partisan advantage is likely to prevent ratification by the necessary 38 out of 50 states. A delayed effective date could help, even if it may not be enough for an amendment to get traction.

Still, I think it is worth at least starting a conversation on what a term-limits amendment might look like. Read More…