Senators Joe Manchin and Peter Welch propose a constitutional amendment to limit Supreme Court Justices’ terms, 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 politicization and restore impartiality
- 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 faces challenging ratification process
Bipartisan Effort to Reform Supreme Court
In a bold move to address growing concerns over the politicization of the Supreme Court, Senators Joe Manchin (D-W.Va.) 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.
This initiative comes at a time when public confidence in the Supreme Court has reached alarmingly low levels. According to recent data, only 16% of Americans express strong confidence in the institution, highlighting the urgent need for reform. The proposed amendment aims to restore faith in the judicial system and ensure a more regular appointment process.
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
Key Features of the Proposed Amendment
The constitutional amendment maintains a nine-Justice limit on the Supreme Court and includes a grandfather clause for current Justices. This approach ensures a smooth transition while addressing long-standing concerns about lifetime appointments. The proposal has garnered broad bipartisan support, with 49 of 50 states already having term limits for their highest courts.
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.”
Legal experts and former judges have expressed support for the amendment, citing its potential to reduce partisanship and restore public trust in the Supreme Court. The proposal is seen as a non-partisan solution to the increasing politicization of the judiciary.
Public Support and Potential Challenges
The proposed amendment appears to align with public sentiment. A recent survey found that 68% of Americans support term limits for justices, while 71% support mandatory retirement ages. Additionally, a Newsweek poll shows 58% of eligible voters support term limits for justices, with only 13% opposing the idea.
“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. I’m proud to lead this effort with Senator Manchin to restore Americans’ faith in our judicial system.” Senator Welch went on to say.
However, amending the Constitution is a challenging process that requires a two-thirds majority in Congress and ratification by three-fourths of the states. This high bar for approval may present significant obstacles to the proposal’s implementation.
Alternative Proposals and Ongoing Debate
The debate over court reform has intensified due to controversial rulings and uneven appointments across presidential administrations. Some lawmakers, like Senator Elizabeth Warren, believe 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.
As discussions continue, the Manchin-Welch proposal represents a significant step towards addressing concerns about the Supreme Court’s structure and function. Whether through this amendment or other reforms, it is clear that many Americans desire changes to ensure the highest court in the land maintains its integrity and impartiality for generations to come.
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
