Sens. Joe Manchin (IW.V.) and Peter Welch (D-Vermont) are proposing a constitutional amendment that would create term limits for future Supreme Court justices.
Currently, there is no term limit for high court judges. The U.S. Constitution states that they “…shall perform their duties while acting in good faith…”
The proposed amendment would create an 18-year term, with a new term beginning every two years. However, term limits only affect judges appointed after ratification. All current judges can remain on the bench as long as they wish.
“The proposed amendment would not adjust the terms of sitting justices, but would create a transition period to maintain regular vacancies when current justices retire,” Manchin’s press release explained. “Meanwhile, an 18-year term begins every two years, regardless of when the current judge retires. When the current judge retires, a newly appointed judge will serve the remaining 18-year term. This amendment does not change the total number of judges on the court.
Manchin is a Democratic independent who has served in the Senate since late 2010, but is not seeking reelection this year.
His current term ends within a month.
“I am proud to join Senator Welch in introducing this bill, which would establish an 18-year term limit for U.S. Supreme Court justices. It promotes political posturing that undermines public confidence in the Supreme Court,” Manchin said in a press release.
“Our amendment would require that the number of justices never exceed nine, that the court would gradually create regular vacancies, and that the president, with the advice and consent of the United States Senate, would appoint a new justice every two years. I encourage my colleagues on both sides of the aisle to join us on this bill to restore faith in our justice system. ”
The proposed amendment stipulates that the High Court be composed of nine judges, but this number is not currently specified in the constitution.
“The Judiciary Act of 1869 fixed the number of judges at nine, and the number of judges has not changed since then,” the newspaper said. Supreme Court website.
Three of the current nine Supreme Court justices were appointed by President-elect Donald Trump during his first term in office, and only one was appointed by President Biden.
“Action to restore public trust in our nation's most powerful court is as urgent as it needs to be. Setting term limits for Supreme Court justices is a political game-changer,” according to a press release. It's a common-sense reform that the majority of Americans support,” Welch said. “I am proud to work with Senator Manchin to lead this effort to restore the American people's trust in our justice system.”
