Politics with Paul
Politics with Paul
Approachable, nonpartisan, and nonideological analysis of various political topics by nonpartisan political analyst, writer, researcher, and speaker Paul Rader.
Paul Rader
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Politics with Paul #20: Should SCOTUS Justices Have Term Limits?

E21 • Dec 19, 2024 • 37 mins

Calls for implementing term limits on the Supreme Court of the United States (SCOTUS) are not new, but they have seen amplified calls in recent years. But would term limits fix the issues with the current appointment process? Are lifetime outdated? There are a bunch of practical and philosophical considerations to think about in this debate such as the arguments made for and against lifetime terms versus fixed terms, how state supreme courts handle selection for their justices, and how an amendment to the US Constitution implementing SCOTUS term limits would be added. Today’s episode covers all this and more, including the joint resolution proposed by US Senators Joe Manchin and Peter Welch. Today’s random question: What common grammatical/pronunciation mistake really grinds your gears?

Key Points

  • Philosophical considerations for SCOTUS term limits include whether lifetime or fixed terms lead to less politicization of the judiciary, which is better for accountability, and which is more amenable to the separation of powers/checks and balances.
  • Practical considerations for SCOTUS term limits includes the length of the terms, whether to exempt current SCOTUS justices from fixed terms, and if a mandatory retirement age should supplement fixed terms.
  • A joint resolution proposed by US Senators Joe Manchin and Peter Welch includes 18-year nonrenewable terms for SCOTUS justices and exempts current justices from fixed terms.
  • Implementing term limits for Supreme Court justices would require a constitutional amendment, which necessitates approval by two-thirds of both chambers of Congress and ratification by three-quarters of the state legislatures.
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