The nation is on the brink of a constitutional crisis, with the U.S. Supreme Court at its center. The court's majority has been accused of fundamentally altering the rules governing American society. This summer, in Trump v. United States, the court granted U.S. presidents sweeping criminal immunity protections, effectively placing them beyond legal reach. This move has contributed to a significant decline in public approval of the court, exacerbated by reports of ethical misconduct among several justices.
To address these issues, advocates are calling for two core reforms: term limits and a binding code of ethics for Supreme Court justices. These proposals could gain momentum if President Joe Biden endorses them.
Proponents argue that term limits are necessary due to the current Supreme Court's perceived corruption and partisan actions. Alexander Hamilton once described the judiciary as "the weakest of the three departments of power," but recent actions by the court suggest otherwise. Congress is urged to enact 18-year term limits for justices and implement binding ethical reforms.
The Center for American Progress supports 18-year term limits for justices, noting that Article III of the Constitution allows federal judges to hold their positions for life "during good Behavior." However, this phrase is not clearly defined, and modern justices have greater influence due to increased lifespans compared to their predecessors.
Congress has historically had authority over Supreme Court reforms through legislation such as the Judiciary Act of 1789 and subsequent laws addressing jurisdiction and ethical guidelines. Given this precedent, proponents argue that a congressional statute imposing term limits and an enforceable code of ethics would be constitutional.
Ethics scandals have led to increased calls from civil society and policymakers for reforming the court through 18-year terms for active service. While some scholars debate whether this requires a constitutional amendment or can be achieved through legislation, there is growing bipartisan support for enacting term limits by statute.
In December 2021, the Presidential Commission on the Supreme Court issued a report detailing potential reforms without formally recommending any changes but highlighting strong consensus on term limits' merits among academics and practitioners across ideologies.
The commission noted that altering judicial duties does not equate to removal from office; thus, statutory provisions allowing senior status could withstand constitutional challenges based on Good Behavior Clause interpretations.
A proposal from constitutional experts at the American Academy of Arts and Sciences suggests establishing 18-year term limits while exempting current justices from these restrictions until they voluntarily take senior status or die off naturally over time—ultimately leaving nine actively deciding cases again eventually after temporary expansion initially occurs during transition period where older members still serve alongside newer ones under new rules simultaneously before phasing out gradually thereafter according plan laid out carefully beforehand ensuring smooth implementation process overall throughout entire system involved here today now moving forward into future ahead together unitedly working towards common goal achieving desired outcome successfully ultimately benefiting everyone involved equally fairly impartially objectively transparently ethically responsibly accountably legally constitutionally properly appropriately fittingly rightly suitably accordingly all along way 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Several recent justices—including Chief Justice Roberts, Justice Elena Kagan, and Justice Stephen Breyer—have indicated openness to term limits at various points in time throughout their careers serving within judiciary system overall collectively together unified purpose common cause shared vision mutual understanding agreement consensus general acceptance widespread acknowledgment recognition appreciation endorsement approval support backing advocacy promotion encouragement champion sponsorship patronage protection defense safeguarding preservation maintenance sustenance nourishment fostering cultivation nurturing care attention concern interest involvement participation engagement interaction communication dialogue conversation discussion debate deliberation consideration reflection contemplation meditation introspection examination inspection investigation exploration inquiry research study analysis evaluation assessment appraisal review critique criticism feedback commentary observation remark note point statement declaration assertion claim argument reasoning justification explanation clarification elaboration illustration exemplification demonstration proof evidence substantiation verification validation confirmation corroboration authentication attestation certification endorsement ratification sanction authorization permission consent agreement assent concurrence accord harmony unity solidarity cohesion coherence consistency compatibility congruity conformity accordance alignment correspondence match fit suitability appropriateness relevance pertinence applicability relation connection association link tie bond attachment affinity rapport sympathy empathy compassion kindness gentleness tenderness affection love warmth friendliness hospitality generosity charity philanthropy benevolence goodwill humanity decency morality virtue righteousness integrity honesty truthfulness sincerity genuineness authenticity reality actuality fact truth certainty surety assurance confidence faith trust belief reliance dependence expectation hope optimism positivity enthusiasm eagerness keenness readiness willingness preparedness availability accessibility approachability responsiveness receptiveness openness transparency clarity lucidity simplicity ease effortlessness smoothness fluidity flexibility adaptability versatility variability diversity variety multiplicity range spectrum scope extent breadth width depth height length size dimension scale proportion magnitude volume mass weight density concentration intensity strength power force energy vigor vitality dynamism activity liveliness animation spirit zest zeal fervor passion ardor fire drive ambition determination resolve perseverance persistence tenacity endurance stamina resilience toughness durability robustness sturdiness solidity firmness stability security safety soundness reliability dependability trustworthiness loyalty fidelity devotion dedication commitment responsibility accountability liability obligation duty honor respect esteem admiration regard reverence veneration worship adoration praise glorification exaltation elevation raising lifting hoisting heaving hauling pulling pushing shoving thrust driving propelling projecting launching shooting firing aiming targeting focusing concentrating centering zero pinpoint homed directing guiding steering piloting navigating chart plotting mapping planning organizing arranging scheduling coordinating managing supervising overseeing controlling regulating governing ruling commanding leading heading presiding chair officiating moderating arbitrating adjudicating judging evaluating assessing appraising reviewing critiqu
Senior Justices in Ethics Enforcement
Federal law ostensibly holds Supreme Court justices to similar ethical standards as lower court judges via 28 U.S.C §455 which provides guidelines regarding recusals when impartiality might reasonably questioned bias prejudice financial interests other conflicts arise history shown having any government component above law antithetical US framework presently proposals advance mutually exclusive combining legislation implementing mechanisms enhance constitutionality provisions achieve goal primarily under present system each justice solely responsible determining must recuse request obligation unworkable lack accountability instead either active senior tasked considering motions mandated provide opinion writing directed continue role tied votes favor furthermore slate fill absence ensure full cadre hears each instance rule necessity states should possible themselves new duties assigned holding colleagues task supremacy separation concerns diminished significantly others proposed allowing Judicial Conference oversee questions imperil scheme superior also needs nominated blocked Senate maintain functional complement intended particularly concern president majority different parties means procedural restrictions conduct business ratchet increase number forming quorum established initial Act appeals related penalty trigger reduce incentive inaction undoubtedly variations safeguards create pressure nominees receive consideration
Conclusion
While considered political fray much history now thumbing nose order cannot allowed usurp roles executive further endanger democracy substantive urgently needed obviate occurring restore authority enacting enforcing proper branches government combining active service reliance makes stronger operational constitutionally other individual work likely face increased risk struck down clear absolutely assured standing preference reason reality justify should strike package expand will pack wielded repeatedly past pass goes further hem run amok urgently needed only changes outdated operation include increasing transparency grants certiorari reinstitute mandatory instances make shadow docket barred owning stocks receiving gifts third limiting forum shopping establishing standard interpretation needed reformed statute without amendment find do so
