Senators Joe Manchin and Peter Welch propose a constitutional amendment to implement term limits for Supreme Court justices, aiming to restore public trust in the nation’s highest court.
At a Glance
- Senators propose 18-year nonrenewable terms for new Supreme Court justices
- Amendment aims to address concerns over Court’s politicization and restore confidence
- Proposal maintains nine-justice limit with a grandfather clause for current justices
- Public confidence in Supreme Court is low, with only 16% expressing strong confidence
- Constitutional amendment requires two-thirds majority in Congress and ratification by three-fourths of states
Bipartisan Effort to Reform the Supreme Court
In a bold move to address growing concerns over the politicization of the Supreme Court, Senators Joe Manchin (D-WV) and Peter Welch (D-VT) have introduced a joint resolution proposing a constitutional amendment to establish term limits for Supreme Court justices. The proposal suggests nonrenewable, 18-year terms for new justices, with a new term beginning every two years.
The proposed amendment aims to restore public confidence in the Court’s impartiality and ensure a regular appointment process. It maintains the current nine-justice limit and includes a grandfather clause for sitting justices. This effort comes at a time when public trust in the Supreme Court is at a historic low, with only 16% of Americans expressing strong confidence in the institution.
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
Broad Support and Potential Impact
The proposal has garnered broad bipartisan support, with 49 of 50 states already having term limits for their highest courts. Legal experts and former judges have voiced their support for the amendment, citing its potential to reduce partisanship and restore public trust in the judiciary.
Senator Manchin emphasized, “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. 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. I encourage my colleagues on both sides of the aisle to join our legislation to help restore faith in our judicial system.”
A recent survey found that 68% of Americans support term limits for justices, and 71% support mandatory retirement ages. This widespread public support underscores the growing sentiment that reform is necessary to maintain the integrity and effectiveness of the nation’s highest court.
Challenges and Alternative Proposals
While the proposed amendment has gained traction, it faces significant hurdles. Amending the Constitution requires a two-thirds majority in Congress and ratification by three-fourths of the states, making it a challenging process. Some lawmakers, like Senator Elizabeth Warren, believe that term limits and court expansion could be achieved through legislative action without a constitutional amendment.
Alternative proposals, such as the Judiciary Act, suggest expanding the court to thirteen justices. The debate over court reform has intensified due to controversial rulings and uneven appointments across presidential administrations. The current system has resulted in disparities, with former President Trump appointing three justices in one term, while President Obama appointed two in two terms, and President Biden has appointed one so far.
As the discussion on Supreme Court reform continues, the proposal by Senators Manchin and Welch represents a significant step towards addressing longstanding concerns about the Court’s structure and its impact on American democracy. Whether through constitutional amendment or legislative action, the push for reform reflects a growing recognition of the need to adapt the nation’s highest court to the challenges of the 21st century.
Sources:
Senators Manchin and Welch Propose Constitutional Amendment for Supreme Court Term Limits
Manchin leads effort to establish term limits for Supreme Court justices
Manchin, Welch unveil bill placing term limits on Supreme Court
Sens. Manchin, Welch Propose Supreme Court Term Limits
