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Senators Manchin and Welch Propose Constitutional Amendment for Supreme Court Term Limits

Lootpress News Staff by Lootpress News Staff
Monday, December 9, 2024 10:18 am

WASHINGTON, DC (LOOTPRESS) -In a bipartisan effort to reform the U.S. Supreme Court, Senators Joe Manchin (I-WV) and Peter Welch (D-VT) introduced a joint resolution proposing a Constitutional amendment to establish term limits for Supreme Court Justices. The amendment would institute nonrenewable, 18-year terms for new Justices, with a new term beginning every two years.

The proposal seeks to address growing public concerns over the Court’s perceived politicization, restore confidence in its impartiality, and ensure a regular, orderly process for appointing new Justices.

Senator Manchin emphasized the need for reform:

“The current lifetime appointment structure is broken and fuels polarizing confirmation battles and political posturing that has eroded public confidence in the highest court in our land. Our amendment maintains that there shall never be more than nine Justices and would gradually create regular vacancies on the Court, allowing the President to appoint a new Justice every two years with the advice and consent of the United States Senate. I encourage my colleagues on both sides of the aisle to join our legislation to help restore faith in our judicial system.”

Senator Welch echoed these sentiments:

“Taking action to restore public trust in our nation’s most powerful Court is as urgent as it is necessary. Setting term limits for Supreme Court Justices will cut down on political gamesmanship and is commonsense reform supported by a majority of Americans. I’m proud to lead this effort with Senator Manchin to restore Americans’ faith in our judicial system.”

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Key Details of the Proposal

•18-Year Term Limits: Newly appointed Justices would serve nonrenewable 18-year terms.

•Two-Year Appointment Cycle: A new term would begin every two years, creating predictable vacancies.

•Grandfather Clause: Current Justices’ lifetime tenure remains unchanged, but a transition period would ensure regular vacancies.

•Nine-Justice Limit: The amendment would affirm the current cap of nine Justices on the Court.

Public confidence in the U.S. Supreme Court has plummeted in recent years. Following the 2024 term, only 16% of Americans reported having “a great deal of confidence” in the Court, while polling shows broad bipartisan support for term limits. Notably, 49 of 50 states already impose some form of term restrictions on their highest courts.

Expert Support for the Amendment

The amendment has garnered support from legal experts and former judges across the political spectrum:

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•Diane P. Wood, retired U.S. Circuit Judge and Senior Lecturer at the University of Chicago Law School, praised the proposal:

“The proposed Joint Resolution does so in a manner consistent with our constitutional design. It is time for the United States to make this important change to the federal judiciary.”

•Kermit Roosevelt, law professor at the University of Pennsylvania, highlighted its potential to reduce partisanship:

“This important proposal offers a non-partisan fix to an appointment process that our political parties have broken. It’s our best chance to end the confirmation wars.”

•Richard Painter, former Chief White House Ethics Lawyer under President George W. Bush, called for broader reform:

“Term limits for justices would help restore public confidence in the Court. This reform is absolutely essential.”

If enacted, the amendment could transform the Supreme Court by reducing the stakes of lifetime appointments and reinforcing its independence from political influence. However, amending the Constitution requires significant bipartisan support, including a two-thirds majority in Congress and ratification by three-fourths of the states—a challenging but critical step for meaningful reform.

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