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Supreme Court Term Limits

The Supreme Court has assumed a degree of power and importance that would have been unrecognizable in the founding era. A cascade of ethics scandals has laid bare a system in which justices wield tremendous power for decades with little accountability, while the Court’s rulings are increasingly unmoored from broadly held values and the principle of judicial restraint. Term limits would ensure that the Supreme Court stays in touch with American society and that no justice has too much power for too long.

How Term Limits Work

The ordinary operation of the Supreme Court — choosing cases, hearing oral argument, deliberating, and issuing decisions — would remain the same. The only change: after 18 years of active service, a justice would automatically become a senior justice, and a new justice would be appointed. Senior justices would continue to hold office as the Constitution requires. They would retain important duties, such as substituting for a recused, ill, or absent colleague, or hearing cases in the lower federal courts, as many retired Supreme Court justices have done.

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Supreme Court Term Limits

No one should have power for a lifetime — especially the justices on the Supreme Court.

VIDEO

It's Time for Supreme Court Term Limits

No one should hold power for life — not even Supreme Court justices. The Supreme Court needs reform.

Podcast

Sen. Sheldon Whitehouse (D-RI), NYU Law professor Kenji Yoshino, and Brennan Center President Michael Waldman discuss about ethics reform, term limits, and other ways the public, the media, and Congress can bring accountability back to the Supreme Court.

Quotable
No one should have power for this long, and term limits would better align term lengths with historical norms and strengthen the democratic link between the Court and the public.

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