Senators Introduce Bill to Cap Supreme Court Terms at 18 Years

The bill would begin the constitutional amendment process which requires supermajority support in Congress and three quarters of the states for ratification.

Two senators introduced a proposed amendment to the U.S. Constitution that would impose term limits for members of the Supreme Court.

The Supreme Court unanimously adopted a code of conduct in November 2023 governing the justices’ behavior.

The new resolution, introduced on Dec. 5 by Sens. Peter Welch (D-Vt.) and Joe Manchin (I-W.Va.), would limit newly appointed justices to 18 years on the bench, and lead to a new opening roughly every two years. To become effective, a constitutional amendment has to be passed by a two-thirds majority of both houses of Congress and ratified by three-quarters of the states.

According to a summary provided by Welch, the amendment would not change the number of sitting justices, currently set at nine by law, and would establish a transition period to ensure vacancies occur at regular intervals.

“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 a commonsense reform supported by a majority of Americans,” Welch said in a joint statement issued with Manchin on Dec. 7. “I’m proud to lead this effort with Senator Manchin, which will restore Americans’ faith in our judicial system.”

During the transition period, 18-year terms will start every two years, without regard to when a sitting justice steps down. When a sitting justice retires, the incoming justice will complete what remains of the next upcoming 18-year term.

Manchin, a former Democrat whose term in the Senate ends when the new Congress convenes on Jan. 3, 2025, said 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.”

“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,” he said.

Other measures are pending in Congress that would limit the tenure of Supreme Court justices.

Sen. Sheldon Whitehouse (D-R.I.), who chairs a Senate subcommittee overseeing federal courts, introduced a bill that would limit justices’ tenure to 18 years. Reps. Don Beyer (D-Va.) and Ro Khanna (D-Calif.) filed a similar bill in the House.

Rep. Hank Johnson (D-Ga.) introduced legislation that would force out justices after 18 years of regular active service, at which point they would assume senior status, a kind of semi-retirement for federal judges, and continue to draw a federal paycheck for life. Superannuated justices are already allowed to serve on lower courts by a 1937 law that allows justices to sit “by designation” on those courts.

Sen. Lindsey Graham (R-S.C.), ranking member on the Senate Judiciary Committee, said in the summer that he opposes Supreme Court reform proposals, including term limits for justices, that are backed by Democrat lawmakers and President Joe Biden.

“They want to pack the court. They want … to undercut the conservative court,” Graham said during a July 28 interview on CBS’s “Face The Nation.”

“They have no desire to make the court better. They’re just trying to make it more liberal.”

The Epoch Times reached out to the Supreme Court for comment but did not receive a reply by publication time.