Senate Democrats introduced legislation on Thursday to place term limits on Supreme Court justices, reigniting debate around the issue championed by Democrats in the House and the Senate.
The Supreme Court Biennial Appointments and Term Limits Act, spearheaded by Sen. Sheldon Whitehouse (D-RI) and three other Democrats, calls for 18-year terms for the nine justices, with a new justice taking the bench every two years, replacing the most senior justice. The legislation would allow the president to appoint a new justice during the first and third years of their term.
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Whitehouse announced on Thursday a new provision previously excluded from his past bills, which would permit justices to continue to hear certain cases beyond the 18-year limit. Sens. Cory Booker (D-NJ), Richard Blumenthal (D-CT), and Alex Padilla (D-CA) all sponsored the bill.
“An organized scheme by right-wing special interests to capture and control the Supreme Court, aided by gobs of billionaire dark money flowing through the confirmation process and judicial lobbying, has resulted in an unaccountable Court out of step with the American people," Whitehouse said in a press release. "Term limits and biennial appointments would make the Court more representative of the public and lower the stakes of each justice’s appointment, while preserving constitutional protections for judicial independence."
The bill stems from legislation introduced by Democrats in past years and includes similar language to Whitehouse’s proposal last year, which was not taken up by the Judiciary Committee. The proposal is also similar to that of Rep. Hank Johnson (D-GA), chairman of the Judiciary subcommittee on courts, whom Whitehouse has worked with to craft term-limit measures, which was reintroduced last month after failing to pass last year.
Both Johnson’s TERM Act and Whitehouse’s bill would likely come to a stop in the Republican-controlled House which has said they don't want to reform the court. Johnson and Whitehouse have pushed the Supreme Court to develop and adopt a code of ethics after criticism sparked this year over justices’ behavior regarding previously undisclosed gifts and trips. Those bills are also expected to fail due to strong Republican opposition.
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If the bills were successful, the rule would affect two sitting justices: Clarence Thomas and Chief Justice John Roberts. Thomas is one of two sitting judges that has served over 18 years.
Thomas has been on the high court for 31 years and has not indicated he’ll step down anytime soon despite calls from Democrats for his resignation amid recent ethics troubles. Roberts hit the 18-year mark at the end of September and has not spoken about giving up his role as leader of the highest court.