Sens. Joe Manchin, I-W.Va., and Peter Welch, D-Vt., have introduced a joint resolution proposing an amendment to the U.S. Constitution that would limit Supreme Court justices to 18-year terms, with a new term beginning every two years. Manchin, who is retiring at the end of this year, and Welch, argue that the current lifetime appointment system for Supreme Court justices has led to “polarizing confirmation battles” and diminishing public trust in the judiciary.
“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,” Manchin said in a statement posted on his website. “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.”
According to Manchin’s website, the proposed amendment would not affect the tenure of current sitting justices. They would still be able to serve their lifelong appointments or retire as they see fit.
If a current justice retires or dies, the amendment would establish a transition period to maintain regular vacancies on the court. Starting every two years, new justices would be appointed to 18-year terms, regardless of when a vacancy opens.
When a justice retires, their replacement would serve the rest of the next 18-year term. The total number of justices would remain unchanged.
“Taking action to restore public trust in our nation’s most powerful court is as urgent as it is necessary,” Welch said in a statement. “Setting term limits for Supreme Court justices will cut down on political gamesmanship and is commonsense reform supported by a majority of Americans. I’m proud to lead this effort with Senator Manchin that will restore Americans’ faith in our judicial system.”
Currently, Supreme Court justices serve for life and remain on the bench until they either retire or become incapacitated. A constitutional amendment would be required to change the lifetime appointment system.
In order to pass the amendment, both the House and Senate would need to approve it with a two-thirds majority. Additionally, three-quarters of U.S. states must ratify the amendment for it to be enacted.
Manchin emphasized the need for legislative action, calling on his colleagues to “restore faith in our judicial system.”
