Supreme Court Term Limits: Good Solution to Distortions of Lifetime Appointments, But Hard to See A Constitutional Amendment
Lack of Supreme Court Term Limits, lifetime tenure, has pushed the average age of judicial nominees down as presidents appoint younger justices in hopes they will serve for many decades. Erin Schaff/Pool/AFP via Getty Images
Pressure on Supreme Court Justice Stephen Breyer to step down will likely grow now that the court’s session has ended.
Breyer, 82, joined the court in 1994. His retirement would allow President Joe Biden to nominate his successor and give Democrats another liberal justice, if confirmed.
Supreme Court justices in the U.S. enjoy life tenure. Under Article 3 of the Constitution, justices cannot be forced out of office against their will, barring impeachment. This provision, which followed the precedent of Great Britain, is meant to ensure judicial independence, allowing