Good idea? Yes. Workable? About that. . .

[gridlore]

Amongst all the outrage over the latest Republican hypocrisy involving filling Ruth Bader Ginsburg's Supreme Court seat, I've seen an idea floated in more than one place. End lifetime appointments to the Supreme Court, and instead have a single 18-year term, with a new Justice being appointed every two years. Thus, every President gets at least two picks (four for a two-term President) and after leaving the Supremes, justices can ask for appointments to other federal benches or retire.

I'd imagine the role of Chief Justice would be held by the senior member of the court. I could go for a scheme where the Chief Justice serves a three-year term and is elected by his fellow justices. You'd also have to address what happens if a Justice dies in office. What happens if the President already has placed his two choices? Do we get an Acting Associate Justice until the next appointment period?

But here's the problem. The eight current members (and soon to be ninth member, sigh) are serving lifetime appointments. For this to work you'd need to convince every single member of the current court to draw straws and step down in order. You can't legislate them out, as that would be an ex post facto law, forbidden by the Constitution. Impeaching Justices of the Supreme Court just to get them out of the way would be an abuse of power that would have me calling for a revolution.

So while it's a great idea, and would bring more balance to the court long-term, until you find a way to get the current black-robed baseball team in Washington to agree to their own obsolescence I don't see a way for it to go forward.

Comments

[kshandra]

It seems to me that it would dovetail nicely with the talk of increasing the size of the bench. Start bringing in those new appointees on that two year spacing until we reach the new quorum of 13 or 15 or whatever. (I think much bigger than 15 is untenable, but as you and I both know I am woefully undereducated on the matter.) Even if those appointees term out before the current occupants die off, it at least gets people accustomed to the concept.

Or go for the ladder approach - bring the new appointees in en masse, but with the understanding that only one of them will serve a full 18yrs, the others terming out at 10/12/14/16.

[claidheamhmor]

I like the idea. Lifetime appointments lead to all sorts of issues.

[freyjaw]

I think it's a good idea. I also think a couple of the newest justices should be impeached: at least Gorsuch as payback for the SCOTUS pick that they robbed Obama of. Barrett should wear a red robe and be called Ofdonald.

If additional justices are to be added, 11 might not be a bad number.