General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIt's time for term limits for Justices
When the constitution was written, the average life expectancy was 38 years, so a lifetime appoint to the bench was not the same as it is today. From the adoption of the current Constitution to the Civil War, only a handful of justices served more than ten years on the Supreme Court.
Five of the current Justices have served more than twenty years, giving this court an average tenure that is one of the longest in history.
But it's not just the years on the job. It's the fact that this court has become the most politically influenced and most polarized in history. While many minor cases are 9-0 rulings, the important precedents are typically 5-4 -- and there have been more 5-4 rulings under John Roberts than under any previous Chief Justice.
It's interesting to note that Brown v. Board of Education was a unanimous decision. Ponder that one for a minute. The Justices knew they were changing the fabric of American life, and they acted with caution and prudence.
They were unanimous. Can you imagine something like that happening under the Roberts court? Not possible. It would be a 5-4 decision and "separate but equal" would have remained the law of the land.
And every time a nomination comes up (which is typically rare) the process becomes a spectacle, one that John Roberts knew best how to handle. Make a series of bold-faced lies to the Confirmation Committee and then do whatever the hell you want afterward.
We need to rotate Justices off the Supreme Court, and probably off the lower federal courts as well. I say a single eight year term for the lower courts and a single twelve-year term for a Supreme Court Justice.
This is overdue.
lostincalifornia
(3,639 posts)hugo_from_TN
(1,069 posts)on point
(2,506 posts)However, way past time to elect progressive people who will fight for GOOD justices, instead of dems who put up compromise candidates and repukes who put up far right ones = right of center courts stepping on the people.
Jeff In Milwaukee
(13,992 posts)And they're still protected from removal just as they are today.
cerveza_gratis
(281 posts)Justices live longer than average. So, if you were 18 in 1991, and you live to three score and ten, Clarence Thomas might be making the laws you have to live by for your whole adult life. Guess it was the same with Queen Victoria.
Jeff In Milwaukee
(13,992 posts)And so you're correct, a young person in 1991 would go his/her entire adult life with the same Justice on the court. And a mighty bad one, at that.
unblock
(52,195 posts)the problem isn't life tenure for justices; the problem is that these particular flagrantly partisan sociopathic evil lying sacks of feces shouldn't have ever been appointed in the first place. it's the appointment process and dynamics that is broken.
republicans block anyone genuinely liberal, democrats weakly object but then approve the most thoroughly right-wing extremists they can dredge up.