Save the Supreme Court: Impose Term Limits on Justices

It needs to become “the least dangerous branch” again.

Doug Bandow October 5, 2018

The poison of vicious political partisanship infects virtually every aspect of policy today. Judicial appointments, which a couple decades ago resulted in overwhelming votes for well-qualified nominees, have turned into brutal battles with no prisoners taken……Even more significant, however, is the increasing importance of the federal judiciary and especially Supreme Court. While envisioned by Alexander Hamilton as “the least dangerous branch” and “the weakest of the three departments of power,” intended to settle disputes rather than make policy, the judiciary has turned into a quasi-legislature, where disappointed activists turn if they lose political battles………… Abortion may be the touchstone issue. In 1980 Democrats criticized presidential candidate Ronald Reagan and the GOP for allegedly adopting a pro-life “litmus test.” Today, of course, it is the Democrats who insist on absolute fealty to Roe, a respect for precedent which overturned previous widespread precedent………

Although interest groups may be most responsible for the transformation of the judiciary’s role, legislators and presidents share the blame. Instead of making tough decisions, they have created incomplete and ambiguous laws, leaving the details to the courts in the name of “interpretation.” ………how to roll back the judiciary’s role?............Of course, a life-time appointment is supposed to insulate justices from politics. But that very same life tenure is what ensures that nominations will trigger a political maelstrom. An opening might be the only one for years. Appointments are worth all-out political war………..Imagine, in contrast, Supreme Court terms. Appoint a justice to serve for ten years. He or she could be reappointed once, subject to Senate reapproval........To Read More....