Should SCOTUS justices be elected? (user search)
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  Should SCOTUS justices be elected? (search mode)
Pages: [1]
Poll
Question: ?
#1
Yes
 
#2
No, but their time on SCOTUS should be limited.
 
#3
No, and they should receive lifetime appointments as IRL.
 
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Partisan results

Total Voters: 83

Author Topic: Should SCOTUS justices be elected?  (Read 1701 times)
politicallefty
Junior Chimp
*****
Posts: 8,329
Ukraine


Political Matrix
E: -3.87, S: -9.22

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« on: April 12, 2014, 08:25:21 AM »
« edited: April 12, 2014, 08:27:01 AM by politicallefty »

No, electing judges is one of the worst ideas ever. However, I wouldn't mind seeing a set term for judges, such as a single 18-year term. (And I'd support a constitutional amendment setting the Supreme Court at nine members subject to a single 18-year term.) If anything, the current system ensures that no one above the age of 55 will be appointed to the Supreme Court. Six justices were appointed between 50-55, with only Breyer barely out of that range at 56. Thomas and Ginsburg are the only oddities at 43 and 60, respectively. With partisanship as it is, I can't see any President appointing anyone above the 50-55 age range. With a set term limit, longevity would be a very limited concern in choosing a Supreme Court Justice.
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politicallefty
Junior Chimp
*****
Posts: 8,329
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« Reply #1 on: April 19, 2014, 09:22:15 AM »

I think a term limit would do well to reduce strategic nominations and strategic retirement. However, I think it should be fairly high, with ~20 years being a reasonable amount. Something like 9 years seems too short, making judges more likely to be partisan and short-term in outlook.

That was exactly my thinking as well. For a Supreme Court set at nine Justices, a single non-renewable 18-year term for all Justices would work quite well. (And if that's the standard for the highest court, I see no reason why it shouldn't be the standard for all lower courts as well.) That'd work out to two Justices being appointed per each Presidential term. With that set in stone, you'd know you'd be voting for in terms of judicial appointments.

See Larry Sabato's proposed amendment:
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