Senators propose sweeping constitutional amendment to limit Supreme Court justices’ terms, potentially reshaping the nation’s highest court for generations to come.
At a Glance
- Senators Joe Manchin and Peter Welch introduce a joint resolution for 18-year term limits on Supreme Court justices
- Proposal aims to address concerns over Court politicization and restore public confidence
- Amendment would maintain nine-justice limit and include a grandfather clause for current justices
- Public confidence in the Supreme Court is at a historic low, with only 16% expressing strong confidence
- Constitutional amendment faces significant hurdles, requiring two-thirds majority in Congress and ratification by three-fourths of states
Senators Take Aim at Lifetime Appointments
In a move that could fundamentally alter the landscape of America’s highest court, Senators Joe Manchin and Peter Welch have introduced a joint resolution proposing a constitutional amendment to establish term limits for Supreme Court justices. This initiative comes as public trust in the Court has plummeted to historic lows, with only 16% of Americans expressing strong confidence in the institution.
The proposed amendment suggests nonrenewable, 18-year terms for new justices, with a new term beginning every two years. This structure aims to create a more predictable appointment process and reduce the intense politicization that has come to surround Supreme Court nominations. The resolution maintains the current nine-justice limit and includes a grandfather clause for sitting justices, ensuring a gradual transition to the new system.
I’m proud to introduce legislation with @SenPeterWelch that would establish 18-year term limits for Justices of the United States Supreme Court. MORE: https://t.co/fSzh606l4a
— Senator Joe Manchin (@Sen_JoeManchin) December 9, 2024
Restoring Faith in the Judiciary
The senators argue that their proposal is a non-partisan solution to address the erosion of public confidence in the Supreme Court. Senator Manchin, who is retiring at the end of the year, didn’t mince words about the current state of affairs:
“The current lifetime appointment structure is broken and fuels polarizing confirmation battles and political posturing that has eroded public confidence in the highest court in our land,” Manchin said in a statement. “Our amendment maintains that there shall never be more than nine Justices and would gradually create regular vacancies on the Court, allowing the President to appoint a new Justice every two years with the advice and consent of the United States Senate.”
This sentiment is echoed by Senator Welch, who emphasized what he sees as the urgency of the matter:
“Taking action to restore public trust in our nation’s most powerful Court is as urgent as it is necessary. Setting term limits for Supreme Court Justices will cut down on political gamesmanship and is commonsense reform supported by a majority of Americans,” said Welch.
Public Support and Expert Endorsement
The proposal appears to have broad public support. A recent survey found that 68% of Americans support term limits for justices, and 71% support mandatory retirement ages. This aligns with a Newsweek poll showing 58% of eligible voters in favor of term limits, with only 13% opposing.
Legal experts and former judges have also thrown their weight behind the amendment. Legal scholar Diane P. Wood stated:
“The proposed Joint Resolution does so in a manner consistent with our constitutional design. It is time for the United States to make this important change to the federal judiciary.”
It’s worth noting that 49 out of 50 states already have term limits for their highest courts, suggesting that this concept is not without precedent in American jurisprudence.
