Senators Peter Welch and Joe Manchin have proposed limiting U.S. Supreme Court Justices to 18-year terms, hoping to address what some Democratic leaders have described as “concerns” over the current appointment process.
The joint resolution to propose an amendment was introduced on the Senate floor on December 5. It allegedly aims to restore America’s trust in the nation’s highest court by creating a more predictable and fair process for judicial appointments and term lengths.
The proposed amendment would limit the Supreme Court to no more than nine justices and would establish a fixed 18-year term for each justice, with one new vacancy opening every two years. While the proposal would not change the current number of justices, it would aim to ensure that vacancies occur on a regular schedule, hopefully reducing the political battles that often surround confirmations.
Currently, Supreme Court Justices are appointed for life or until they resign, retire, or are removed from office.
“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 common sense reform supported by a majority of Americans,” Welch (D-VT) said in a joint statement with Manchin (I-WV).
Manchin, who will retire from the Senate when Congress convenes in January of 2025, also stressed that the current lifetime appointment structure had become “broken” and fuels partisan divide.
The amendment would also include a transition period, during which justices would begin their 18-year terms in staggered intervals. According to Welch, a transition phase would help prevent a sudden shift in the Supreme Court’s structure and allow for a more gradual changeover.
Several other Democrats have introduced similar bills, with Representatives Don Beyer (D-VA) and Ro Khanna (D-CA) sponsoring a version of the legislation in 2023 that would also limit the tenure of justices to 18 years.
In the Senate, Senator Sheldon Whitehouse (D-RI) has reintroduced the Supreme Court Review Act. This bill would “revitalize Congress’s ability to check the Supreme Court’s erroneous interpretation of federal law and restore rights by statute that the Court has taken away.”
Senator Lindsey Graham (R-S.C.) has accused Democrats of trying to “pack the court” with more “liberal” justices. In July, Graham criticized the idea of Supreme Court reform on CBS’ Face The Nation.
“They have no desire to make the court better. They’re just trying to make it more liberal,” Graham added.
For Welch’s resolution to become law, the proposed amendment must be passed by a two-thirds majority in both houses of Congress and then ratified by three-fourths of the states.