Why some lawmakers don't support Supreme Court term limits, even if their voters do
The idea of imposing term limits on Supreme Court justices is quite popular among the electorate — yet that support "isn't catching on among elected officials on Capitol Hill who would be the starting point on any alterations to the makeup of the Supreme Court," reports The Washington Post.
Reasons vary. For some, especially Democrats who have endorsed structural changes to the court, adding term limits would take too long, because it would involve an amendment to the Constitution. Expanding the court via statute is, "a far simpler process than passing an amendment," writes the Post, and would have similar effects.
"It takes years to work through the state legislatures," Sen. Elizabeth Warren (D-Mass.), who is in favor of court expansion, told the Post. "We don't have years when the Supreme Court is gutting voting rights, gutting union rights, gutting the equal protection clause and signaling that it's going to overturn Roe."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
For reluctant Republican officials, legal changes to the court seem like part of "a broader effort from Democrats to politicize the judiciary," writes the Post. "I think the system has worked well. I don't see a need to change it," said Sen. Lindsey Graham (R-S.C.). "The reason they're talking about changing it is because, you know, Democrats lost elections, which have consequences."
In general, those in favor of limiting justices' tenures, often to an 18-year term, believe it would ensure the court reflects election outcomes over time and allow for more predictable appointments, while opponents think it would harm justices' ability to remain independent. The U.S. is the world's only major democracy without either a mandatory retirement age or a term limit for those who serve on its highest court.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Brigid Kennedy worked at The Week from 2021 to 2023 as a staff writer, junior editor and then story editor, with an interest in U.S. politics, the economy and the music industry.
-
The Christmas quiz 2024
From the magazine Test your grasp of current affairs and general knowledge with our quiz
By The Week UK Published
-
People of the year 2024
In the Spotlight Remember the people who hit the headlines this year?
By The Week UK Published
-
Crossword: December 25, 2024
The Week's daily crossword
By The Week Staff Published
-
Top Russian general killed in Moscow blast
Speed Read A remote-triggered bomb killed Lt. Gen. Igor Kirillov, the head of Russia's Nuclear, Biological and Chemical Defense
By Peter Weber, The Week US Published
-
Why Assad fell so fast
The Explainer The newly liberated Syria is in an incredibly precarious position, but it's too soon to succumb to defeatist gloom
By The Week UK Published
-
NATO chief urges Europe to arm against Russia
Speed Read Mark Rutte said Putin wants to 'wipe Ukraine off the map' and might come for other parts of Europe next
By Peter Weber, The Week US Published
-
New Syria government takes charge, urging 'stability'
Speed Read The rebel forces that ousted Syrian leader Bashar al-Assad announced an interim government
By Peter Weber, The Week US Published
-
Romania's election rerun
The Explainer Shock result of presidential election has been annulled following allegations of Russian interference
By Sorcha Bradley, The Week UK Published
-
Russia's shadow war in Europe
Talking Point Steering clear of open conflict, Moscow is slowly ratcheting up the pressure on Nato rivals to see what it can get away with.
By The Week UK Published
-
South Korea roiled by short-lived martial law
Speed Read President Yoon Suk Yeol's imposition of martial law was a 'clear violation of the constitution,' said the opposition parties who have moved to impeach him
By Rafi Schwartz, The Week US Published
-
Syrian rebels seize Aleppo in surprise offensive
Speed Read The rebels made gains against President Bashar al-Assad’s forces and reignited Syria's 13-year-old civil war
By Peter Weber, The Week US Published