SCOTUS term limits
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Author Topic: SCOTUS term limits  (Read 1278 times)
Miles
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« on: September 02, 2013, 11:35:54 PM »

Mark Levin suggests the justices should be limited to 12 years. Unlike most of his ideas, I don't think this one is that bad.
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bedstuy
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« Reply #1 on: September 02, 2013, 11:49:49 PM »

12 years term limits would have some advantages.  It would remove the idea of strategically deciding to retire and it would remove the incentive to pick a younger judge.

My problem would be that it would fundamentally change the nature of the Supreme Court.  A panel of judges relies on relationships between judges and a large amount of experience institutionally.  12 years seems too short to ensure that is maintained.  Rather, I would prefer a term limit of 20-25 years.
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Dr. Cynic
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« Reply #2 on: September 02, 2013, 11:56:52 PM »

I would be fine with a 20 year limit. I don't think a Justice should really serve longer than that.
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Antonio the Sixth
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« Reply #3 on: September 03, 2013, 02:01:01 AM »

Yeah, this is absolutely necessary.
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TNF
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« Reply #4 on: September 03, 2013, 06:25:12 AM »

Just elect the bastards every four years. It's not like they're not political as is. Might as well have some choice in the composition of the Court. Or of course, ideally, slap on term limits and give Congress the power to veto a Supreme Court decision.
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Supersonic
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« Reply #5 on: September 03, 2013, 07:42:39 AM »

I don't see a decent enough reason to change the current system. So HI.

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Sol
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« Reply #6 on: September 03, 2013, 09:45:51 AM »

Horrible idea. It means that the court is more prone to frequent swings, which weakens the institution and confuses lower courts with conflicting precedents.
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Miles
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« Reply #7 on: September 03, 2013, 10:38:09 AM »

Maybe if there was some way to assign three judges top each Senate class. They could have 18-year terms. Maybe something like this:

2000 (Class 1)- Justice 1
2002 (C2)- J2
2004 (C3)- J3
2006 (C1)- J4
2008 (C2)- J5
2010 (C3)- J6
2012 (C1)- J7
2014 (C2)- J8
2016 (C3)- J9

Justice 1's seat would be up for replacement/reelection in 2018.
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bedstuy
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« Reply #8 on: September 03, 2013, 11:31:06 AM »

Just elect the bastards every four years. It's not like they're not political as is. Might as well have some choice in the composition of the Court. Or of course, ideally, slap on term limits and give Congress the power to veto a Supreme Court decision.

Now THAT is a horrible idea.
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Antonio the Sixth
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« Reply #9 on: September 03, 2013, 11:49:19 AM »

Just elect the bastards every four years. It's not like they're not political as is. Might as well have some choice in the composition of the Court. Or of course, ideally, slap on term limits and give Congress the power to veto a Supreme Court decision.

Now THAT is a horrible idea.

Yeah, elected judges are an utter abomination.
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RogueBeaver
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« Reply #10 on: September 03, 2013, 11:50:59 AM »

No.
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Maxwell
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« Reply #11 on: September 03, 2013, 11:53:34 AM »

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Oldiesfreak1854
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« Reply #12 on: September 03, 2013, 01:05:28 PM »

Horrible Idea.  The founding fathers made it a lifetime appointment for a reason, after all.
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Bleach Blonde Bad Built Butch Bodies for Biden
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« Reply #13 on: September 03, 2013, 01:11:33 PM »

Just elect the bastards every four years. It's not like they're not political as is. Might as well have some choice in the composition of the Court. Or of course, ideally, slap on term limits and give Congress the power to veto a Supreme Court decision.

Leaning neutral on the OP, but, that really is a terrible idea.  The Supreme Court (and most inferior courts) are meant to be a check on the will of the majority.  If we're going to democratize everything, we may as well do away with judicial review.
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DC Al Fine
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« Reply #14 on: September 03, 2013, 01:58:47 PM »

Just elect the bastards every four years. It's not like they're not political as is. Might as well have some choice in the composition of the Court. Or of course, ideally, slap on term limits and give Congress the power to veto a Supreme Court decision.

Leaning neutral on the OP, but, that really is a terrible idea.  The Supreme Court (and most inferior courts) are meant to be a check on the will of the majority.  If we're going to democratize everything, we may as well do away with judicial review.

Amen, we need a check on the tyranny of the majority.

I don't really mind term limits, but electing judges is a bad idea all around.
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politicallefty
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« Reply #15 on: September 07, 2013, 05:07:40 AM »

Maybe if there was some way to assign three judges top each Senate class. They could have 18-year terms. Maybe something like this:

2000 (Class 1)- Justice 1
2002 (C2)- J2
2004 (C3)- J3
2006 (C1)- J4
2008 (C2)- J5
2010 (C3)- J6
2012 (C1)- J7
2014 (C2)- J8
2016 (C3)- J9

Justice 1's seat would be up for replacement/reelection in 2018.

I like the idea of a single 18-year term for each justice (along with permanently setting the Court at nine justices), but I'm not sure what your idea of putting justices in classes accomplishes. I do think 18 years is plenty of time, not to mention that it'd at least somewhat reduce the impetus to choose particularly young nominees. It would also allow a one-term President two nominees and a two-term President four.

(I'd also alter your proposal so that justices were up in odd years instead of even years. I think it'd be best to not have them up in election years.)

And to those that argue for electing judges, I cannot think of anything worse that would utterly destroy the concept of an independent judiciary. An independent judiciary that upholds constitutional principles protecting minority rights is extremely important. Otherwise, there's no point in even having a written Constitution.
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barfbag
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« Reply #16 on: September 07, 2013, 01:11:36 PM »

Why this isn't in the constitution is beyond me. Lifelong terms are stupid.
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