Term Limits for the Supreme Court

Rick Perry thinks Supreme Court justices should serve 18-year terms instead of having lifetime appointments. Jon Chait says this is a rare example of a smart Perry policy:

The current system of lifetime tenure creates real problems. Huge policy swings hinge on the simple health and longevity of Supreme Court justices. This results in very old justices clinging to their seats until a sufficiently friendly president can take office. It also gives presidents an incentive to nominate the youngest possible justice who can be confirmed, as opposed to the most qualified possible justice. And eliminating some element of the sheer randomness by which each party gets to appoint justices would tend to reduce the chances of the court swinging too far one way or another from the mainstream of legal thought.

It’s hard to imagine the incentive structure for any president to propose such a reform — why volunteer to the the first president whose judicial nominees don’t get lifetime tenure? But it is slightly reassuring to see glimmers of sense in Perry’s platform.

Why be the first president to volunteer for this? That would depend on how it was implemented. It would require a constitutional amendment, and I imagine a constitutional amendment could affect sitting justices. So a president might agree to this as long as the amendment limited the terms not just of new justices, but also of sitting justices, starting with the longest-serving ones. That could end up working out fairly favorably.

More to the point, though, the president wouldn’t get a chance to volunteer in the first place. Presidents have no role in the constitutional amendment process. Still, the same logic applies to the president’s party in Congress, so that’s a nit. So who knows? Maybe it could be done with the proper amount of fiddling around the edges.

But this brings up another question: why is Perry in favor of this? Is it just part of the general movement conservative outrage over “activist judges”? Perry seems to believe that term limits would “restrict the unlimited power of the courts to rule over us with no accountability,” but I don’t really see that. It’s equally hard to see how you’d conclude that this would be institutionally favorable toward either liberals or conservatives unless you’re really, really sure that your side is going to control the White House more often than the other.

Meh. It’s probably a mug’s game to try and dig too deep into Perry’s mind here. My guess is that “judges bad, term limits good” is about as far as he’s considered things. Still, for the usual goo goo liberal reasons that Chait lists, I’d support him on this. Let’s hear it for term limits on Supreme Court justices.

One More Thing

And it's a big one. Mother Jones is launching a new Corruption Project to do deep, time-intensive reporting on the corruption that is both the cause and result of the crisis in our democracy.

The more we thought about how Mother Jones can have the most impact right now, the more we realized that so many stories come down to corruption: People with wealth and power putting their interests first—and often getting away with it.

Our goal is to understand how we got here and how we might get out. We're aiming to create a reporting position dedicated to uncovering corruption, build a team, and let them investigate for a year—publishing our stories in a concerted window: a special issue of our magazine, video and podcast series, and a dedicated online portal so they don't get lost in the daily deluge of headlines and breaking news.

We want to go all in, and we've got seed funding to get started—but we're looking to raise $500,000 in donations this spring so we can go even bigger. You can read about why we think this project is what the moment demands and what we hope to accomplish—and if you like how it sounds, please help us go big with a tax-deductible donation today.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate