A scholar of the Supreme Court and its relationship to the people of the United States says that President Joe Biden’s proposed term limits for justices can restore the court’s eroded legitimacy.
Term limits will require a constitutional amendment. We don’t actually need term limits.
What we can do instead is remove the fixed size of the court, and impose a fixed rate of appointments to the court. One appointment should be made between 6 and 12 months after the presidential inauguration, then another between 30 and 36 months. No appointments can be made outside these windows. When a justice dies or retires, their seat is not filled.
We will need a method of quickly replenishing the court in case of disaster, so I would establish a line of succession. If the court falls below 7 members, the senior Chief Judge in the 13 circuit courts is automatically elevated to SCOTUS.
This line of succession also gives us a means for preventing the Senate from gaming the system: all of the Circuit Chief Judges are pre-confirmed by the Senate to a position that places then in line for the court. If the president appoints someone from the SCOTUS line of succession, they are immediately elevated, without needing to be reconfirmed by the Senate.
Term limits will require a constitutional amendment. We don’t actually need term limits.
What we can do instead is remove the fixed size of the court, and impose a fixed rate of appointments to the court. One appointment should be made between 6 and 12 months after the presidential inauguration, then another between 30 and 36 months. No appointments can be made outside these windows. When a justice dies or retires, their seat is not filled.
We will need a method of quickly replenishing the court in case of disaster, so I would establish a line of succession. If the court falls below 7 members, the senior Chief Judge in the 13 circuit courts is automatically elevated to SCOTUS.
This line of succession also gives us a means for preventing the Senate from gaming the system: all of the Circuit Chief Judges are pre-confirmed by the Senate to a position that places then in line for the court. If the president appoints someone from the SCOTUS line of succession, they are immediately elevated, without needing to be reconfirmed by the Senate.