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The original was posted on /r/neutralpolitics by /u/nosecohn on 2023-05-15 17:26:40+00:00.
In the United States, Supreme Court justices have life tenure. Alexander Hamilton explains in Federalist #78 that the reasoning for this provision was so the justices’ objectivity would be preserved by not having to stand for reelection/reappointment.
The first five justices served an average of 8.5 years, because longevity at the time wasn’t as great as today.
The average age of the most recent five justices when they were appointed was 50.8 years and the average life expectancy today of a person that age is an additional 33 years. So, the effective tenure of a Supreme Court justice today is nearly four times the term of the original justices. The oldest justice on the court today, Clarence Thomas, is 74. He has served for 32 years and his life expectancy is another 12 years, meaning he could be expected to serve for a total of 44 years, which is more than five times the average tenure of the original justices.
Current trust in the court is at historic lows and most Americans want to end lifetime appointments.
Hamilton’s original concern could be resolved by proposals to limit justices to a single, longer term. However, some experts argue that imposing term limits would “make the institution appear more, not less, political” and compromise the court’s objectivity:
Presidents, knowing that their appointees will be on the high court for a relatively short time, might well search out the most extremist judges who can further their short-term aspirations or uphold favorable policies. Given the political polarization of the Senate, that will make the confirmation process even more divisive rather than less so. […]
Even worse, justices who know that they will likely need another job after they retire from the Supreme Court may well tailor their rulings to curry favor from potential employers. […] If the court seems to be polarized and political now, imagine if some justices plan to work for the conservative Heritage Foundation when their time on the high court is up and others plan to work for the Brookings Institution or the left-leaning Center for American Progress.
Questions:
- What are the pros and cons of lifetime appointments to the Supreme Court?
- Which proposals, if any, best address the perceived problems with the court?