Washington, D.C. | As the U.S. Supreme Court concludes another term marked by deeply divided rulings and heightened political scrutiny, a growing chorus of legal scholars, lawmakers, and public interest groups are renewing calls for term limits for Supreme Court justices.
The U.S. Supreme Court, comprising nine justices appointed for life, has long been regarded as an independent arbiter of the Constitution. But in recent years, the Court has faced mounting criticism over decisions that critics say reflect ideological agendas rather than impartial legal reasoning. From rulings on reproductive rights to voting access and environmental regulations, each decision increasingly reverberates across the political spectrum.
“There’s a clear perception that justices are staying longer and timing their retirements based on which political party controls the White House,” said Erwin Chemerinsky, a constitutional law professor at UC Berkeley Law. “This erodes the public’s trust in the judiciary and blurs the line between law and politics.”
A PUSH FOR REFORM
One proposed solution gaining traction is the imposition of term limits for Supreme Court justices—an idea that has bipartisan support among voters. A recent Pew Research Center poll found that nearly 70% of Americans favor limiting terms to 18 years, allowing for staggered appointments every two years.
Advocates argue that such a system would lower the stakes of any single nomination, prevent strategic retirements, and ensure a more predictable and balanced evolution of the Court.
“Lifetime tenure made sense in the 18th century when life expectancy was far shorter,” said Rep. Hank Morrison (D-GA), who introduced a bill last year to establish 18-year terms for justices. “Today, we’re seeing justices serve for 30 or even 40 years, locking in ideologies for generations.”
Under the proposed model, after completing their term, justices would assume a senior status. They could still serve on lower federal courts—a practice already in place for retired justices such as Sandra Day O’Connor and David Souter.
A CONSTITUTIONAL HURDLE
While public sentiment is shifting, the path to implementing term limits remains complicated. Article III of the Constitution guarantees federal judges—including Supreme Court justices—lifetime appointments “during good Behaviour.” Some scholars argue that statutory term limits could pass constitutional muster if framed as a change in active service rather than an end to the appointment itself.
Still, others believe a constitutional amendment may ultimately be necessary—a far more difficult route.
LOOKING AHEAD
With trust in the Supreme Court declining—Gallup’s 2024 survey showed confidence levels at historic lows—pressure is building for systemic reform. Presidential candidates on both sides of the aisle have begun weighing in, with some endorsing term limits as part of broader judicial reform platforms.
“Whether you’re liberal or conservative, no one should want a system where the impartiality of the Court is in doubt,” said former federal judge Robert Alvarez. “Term limits may not be a panacea, but they are a step toward restoring balance and credibility.”
As the nation heads into another contentious election cycle, the debate over the future of the Supreme Court is likely to intensify—placing term limits at the center of a national conversation on justice, democracy, and institutional integrity.
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-- By James W. Thomas
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