Senator Joe Manchin proposes a constitutional amendment for Supreme Court term limits, sparking debate on judicial reform.
At a Glance
- Sens. Joe Manchin and Peter Welch propose 18-year term limits for future Supreme Court justices
- Current justices would be exempt, serving life terms
- Amendment aims to create regular vacancies and maintain nine justices
- Proposal seeks to restore public confidence in the Supreme Court
- Constitutional change faces significant hurdles for implementation
Manchin’s Push for Supreme Court Reform
Outgoing Senator Joe Manchin, an independent from West Virginia, has introduced a constitutional amendment proposing 18-year term limits for future Supreme Court justices. The resolution, co-sponsored by Democratic Senator Peter Welch of Vermont, aims to address what Manchin describes as a “broken” system of lifetime appointments that has eroded public trust in the nation’s highest court.
The proposed amendment would maintain the current number of nine justices, as established by the Judiciary Act of 1869. Under the new system, new terms would begin every two years, creating regular vacancies for presidential appointments. Importantly, the amendment would not affect current justices, who would retain their lifetime appointments.
“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 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,” said Senator Manchin.
I’m proud to introduce legislation with @SenPeterWelch that would establish 18-year term limits for Justices of the United States Supreme Court. MORE: https://t.co/fSzh606l4a
— Senator Joe Manchin (@Sen_JoeManchin) December 9, 2024
Addressing Public Concerns and Political Polarization
Manchin’s proposal comes amid growing public concern over the Supreme Court’s perceived politicization. Recent polls indicate a significant decline in public confidence in the Court, with 7 out of 10 Americans believing justices are influenced by ideology rather than the law. The Annenberg Public Policy Center reported a 22-point drop in confidence from 2019 to 2022, with 68% of respondents supporting term limits for justices.
The amendment is presented as a bipartisan effort to reduce political maneuvering in the court and restore trust in the judicial system. Manchin argues that the current system fuels polarizing confirmation battles and political posturing, which have contributed to the erosion of public confidence in the Supreme Court.
Challenges and Potential Impact
While the proposal has garnered attention, it faces significant hurdles for implementation. Constitutional amendments require a two-thirds majority in both the House and Senate, followed by ratification by three-fourths of state legislatures. This high bar makes the passage of such an amendment challenging in the current political climate.
“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,” said Welch.
The proposal is presented as a bipartisan effort to reduce political gamesmanship and restore trust in the judicial system. It addresses concerns that have arisen from recent contentious confirmation processes, such as that of Justice Brett Kavanaugh and the controversy surrounding the nomination of Merrick Garland during President Obama’s tenure.
Looking Ahead
As Manchin prepares to leave office, with his term ending soon, the future of this proposal remains uncertain. However, it has reignited discussions about potential reforms to the Supreme Court and the broader judicial system. The debate over term limits for justices is likely to continue, reflecting ongoing concerns about maintaining the Court’s impartiality and adaptability in an increasingly polarized political landscape.
