NewsMacroThree Supreme Court Justices Could Be Forced Out at Once Under Revived Term-Limit Plan

Three Supreme Court Justices Could Be Forced Out at Once Under Revived Term-Limit Plan

Author: Alternet·

Key Takeaways

  • •A constitutional amendment proposed by Rep. Johnny Olszewski would require Supreme Court justices who have served more than 18 years to retire from the bench.
  • •Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas have each already surpassed the proposed 18-year service threshold.
  • •Democrats are expected to hold at least 54 seats in the Senate and at least 250 in the House following the midterms.
  • •Hakeem Jeffries, the presumptive speaker in January, has publicly called for cleaning up the Supreme Court as part of his agenda.
  • •Advancing a constitutional amendment would require two-thirds support in both chambers and ratification by 38 states, meaning substantial Republican backing would be necessary.
Three Supreme Court Justices Could Be Forced Out at Once Under Revived Term-Limit Plan

Democrats' newly won control of Congress has brought a once-dormant plan back into play — one that could force three of the Supreme Court's conservative justices off the bench all at once.

A proposed constitutional amendment from Rep. Johnny Olszewski, a Maryland Democrat, would require sitting justices who have served more than 18 years on the court to retire. Chief Justice John Roberts, along with Justices Samuel Alito and Clarence Thomas, have each already crossed that threshold.

According to CBS News, Democrats are expected to hold at least 54 seats in the Senate and at least 250 in the House, giving them the opportunity to take up legislation that would have been completely out of the question under the GOP-led Congress.

While the party has not yet laid out its legislative agenda for the next Congress, House Democratic Leader Hakeem Jeffries, who is expected to become speaker in January, has made clear that the Supreme Court is on his mind.

“We must root out corrupt price gouging, clean up the mess at the Supreme Court and ban Members of Congress from trading stocks,” Jeffries wrote in a letter to his Democratic colleagues in which he formally announced his bid for the speaker's gavel. “Accountability begins at home,” he added.

Calls for Supreme Court reform have been growing steadily in the years since Democrats were last in power, especially as the court's conservative majority has overturned a number of long-established precedents and expanded the powers of the executive.

Article III of the Constitution provides that Supreme Court justices and judges of the lower courts hold their seats “during good behavior,” language that has long been interpreted to mean life tenure. Democrats in Congress have argued that the justices should be subject to term limits, advancing proposals to that end through both legislation and constitutional amendments.

With Democrats now in the majority in the House, they could certainly move legislation to change the high court. The prospects in the Senate are far dimmer, however, where the vast majority of legislation requires 60 votes to advance.

Amending the Constitution presents an even steeper hurdle. Congress must pass a joint resolution with the support of two-thirds of both the House and the Senate, and the measure must then be ratified by three-fourths of the states — 38 of 50. Those thresholds mean that even with its enlarged majorities, the party would need substantial Republican support for the Olszewski amendment to advance, making ordinary legislation the more realistic near-term vehicle for the court-related items on Jeffries' list.

Another term-limit proposal comes from Rep. Tom Barrett, a Michigan Republican, whose constitutional amendment would limit terms for members of the Supreme Court and lower courts to 20 years. Barrett, however, lost his re-election bid in Tuesday's midterms, leaving the Olszewski measure as the term-limit plan with a sponsoring lawmaker set to remain in Congress when the new session convenes.