Supreme court question.

[bluestarone]

If we gain control of BOTH houses in November, could they pass a bill to impose term limits on SC judges? Would there be a better chance of this than impeaching them?

[-misanthroptimist]

1. Nope

That would require a Constitutional Amendment. Judges serve for life, basically.

[underpants]

2. No

[bucolic_frolic]

3. Yes, they could pass a bill, but a president has to sign it, and it would be declared

unconstitutional by SCOTUS. But, you know, no one obeys the law anymore so there is that path if someone can find it.

And, if forced to rule on such a bill, wouldn't all 9 Justices of SCOTUS be forced to recuse?

[pat_k]

4. Can be done legislatively with "senior judge" model (still serve, but move to limited "senior" status).

Per AI (Gemini). Take with appropriate grains of salt:

Several Supreme Court reforms, including enacting 18-year term limits via a senior justice model, changing the number of justices, implementing binding ethics codes, and regulating jurisdiction, can be achieved by Congress through legislation rather than a constitutional amendment.

These statutory changes are possible because the Constitution gives Congress authority over the Court's size, procedures, and lower-court structure.

Key Reform Options Without Amendment

Term Limits (18-Year Terms): Congress could pass a law (like the proposed TERM Act) creating 18-year active terms, after which justices move to a "senior" status to hear lower-court cases, satisfying the "good behaviour" clause of Article III.

Court Expansion (Changing the Size): Congress has the power to change the number of justices, which has varied from 5 to 10 throughout history, currently set at 9.

Binding Code of Ethics: Congress can legislate a binding code of conduct, requiring recusal in cases of conflicts of interest.

Jurisdiction Stripping: Congress can limit the types of cases the Supreme Court can hear, removing specific political or social issues from their docket.

Regularized Appointments: Legislation could structure appointments so each president fills two seats per term, reducing political warfare over vacancies.

Emergency Docket Reform: Congress could regulate how the Court handles emergency requests (the "shadow docket" ).

Implementation Strategies:

Legislative Action: Congress uses its statutory authority to alter the judiciary's structure.

Senior Justice Model: This allows for term limits by keeping justices on the federal bench in a reduced, senior capacity, which the Brennan Center for Justice highlights as constitutional.

Code of Conduct Legislation: Addressing ethics through statute rather than internal court rules.

For more in-depth analysis on the legal standing of these proposals, the Harvard Law Review provides a detailed overview of the arguments surrounding reform

.



https://www.brennancenter.org/our-work/policy-solutions/supreme-court-term-limits

https://www.lwv.org/sites/default/files/2025-01/FJS%20policy%20paper_Structural%20Reforms%20for%20the%20SCOTUS%20%281%29.pdf

https://washingtondc.jhu.edu/news/four-legal-experts-judge-supreme-court-reforms/

[rampartd]

5. great. get the old maga to retire so dearleader can put in a few young trump worshippers.

we are screwed in the supreme court (and plenty of local federal courts) for several more generations. at least.

[WarGamer]

6. ummm no?

[DetroitLegalBeagle]

7. No

Term limits would require an Amendment.