Sens. Joe Manchin (I-WV) and Peter Welch (D-VT) have proposed adding term limits for Supreme Court justices, Fox News reported. The change would require a constitutional amendment as justices are currently appointed for life.
Like everything else in politics, the Supreme Court has become more partisan in recent years. Several wins by the conservative majority have prompted Democrats to call for changes.
Manchin was a longtime Democrat who recently became an independent after becoming fed up with his party. The West Virginia lawmaker is also in the final days of his term, as he did not seek reelection.
Perhaps this finality compelled him to propose an amendment that would shake up the Supreme Court. In a news release, Manchin and Welch explained how their term limits would work.
The court currently consists of nine justices appointed for life based on the language stating they "shall hold their Offices during good Behaviour" in the Constitution. The lawmakers propose a change that would come over time.
"The proposed amendment would not adjust the tenure of sitting Justices, but rather institute a transition period to maintain regular vacancies as current Justices retire. During that period, 18-year terms will begin every two years, regardless of when a current Justice leaves the bench," the news release explained.
"Once a current Justice retires, the newly appointed Justice will serve out the remainder of the next open 18-year term. The amendment would not change the overall number of Justices on the Court," the news release added.
The Judiciary Act of 1869 implemented the current nine-justice panel, but the Constitution does not stipulate any number. Manchin and Welch seek to change that, effectively stopping any efforts to pack the court with additional justices to tip the balance of power.
"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," the release notes.
Manchin believes the current system "has eroded public confidence" in the judicial branch. "I’m proud to introduce this legislation with Senator Welch that would establish 18-year term limits for Justices of the United States Supreme Court," the news release quoted Manchin.
"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." Manchin said it would mean a new appointment every two years "with the advice and consent of the United States Senate" to confirm.
"I encourage my colleagues on both sides of the aisle to join our legislation to help restore faith in our judicial system," Manchin added. Welch similarly cited the need to "restore Americans' faith in our judicial system" in his reasoning.
"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," Welch claimed.
The left only seems eager to tinker with the Supreme Court now that conservatives have a six to three majority on the court. America's founders believed term limits would lead to more political jockeying, not less, and their wisdom in lifetime appointments seems more prescient than ever.
