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Sen. Joe Manchin, IW.V., and Sen. Peter Welch, D-Vt., are proposing a constitutional amendment that would institute a term limit system for the future. Supreme Court justice
Currently, high court judges do not face limitations on their length of service. They “…shall hold office during good behavior…”. US Constitution states
The proposed amendment would create 18-year terms, with new terms starting every two years. But term limits would only affect judges appointed after ratification — all current judges could still remain on the bench as long as they wish.
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Senator Joe Manchin, DW.V., speaks to the Detroit Economic Club at their meeting held at The Masonic in Detroit, Michigan on February 26, 2024. (JEFF KOWALSKY/AFP via Getty Images)
“The proposed amendment would not adjust the tenure of sitting judges, but instead would establish a transition period to maintain regular vacancies as current judges retire,” explains a press release from Manchin. “During this period, the 18-year terms will begin every two years, regardless of when a current Justice leaves the court. Once a current Justice retires, the newly appointed Justice will serve the remainder of the next open 18-year term years. The amendment would not change the total number of judges of the Court.”
Manchin, a Democrat-turned-independent who has served in the Senate since late 2010, did not seek re-election this year. His current term will end in less than a month.
“I am proud to introduce this legislation with Senator Welch that would establish 18-year term limits for US Supreme Court justices. The current structure of lifetime appointments is broken and fuels polarizing confirmation battles and political posturing that has eroded public confidence in our land’s highest court,” Manchin said, according to the news release.
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Sen. Joe Manchin, DW.V., speaks during the third annual Axios What’s Next Summit at the Planet Word Museum on March 19, 2024, in Washington, DC (Chip Somodevilla/Getty Images)
“Our amendment maintains that there will 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 ·laws on both sides of the aisle to join our legislation to help restore faith in our judicial system.”
The proposed amendment establishes that the high court should be made up of nine magistrates, a figure that is not currently included in the Constitution.
“The Judiciary Act of 1869 fixed the number of judges at nine and there has been no subsequent change in the number of judges,” according to the Website of the Supreme Court.
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Sen. Peter Welch, D-Vt., leaves the Senate chambers after a vote on the Children’s Online Safety Act at the U.S. Capitol building on July 25, 2024 in Washington, DC (Tierney L. Cross/Getty Images)
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Three of the current nine members of the Supreme Court were appointed by the president-elect donald trump during his first term, while only one of the current members was appointed by President Joe Biden.
“Taking steps to restore public confidence in our nation’s most powerful Court is as urgent as it is necessary. Establishing term limits for Supreme Court justices will reduce political skill and is a common-sense reform supported by the most Americans,” Welch noted. according to the press release. “I am proud to lead this effort with Senator Manchin that will restore Americans’ faith in our judicial system.”
