Urge President Biden to Implement Term Limits for Supreme Court Justices

The Issue

As deeply concerned citizens, there's a subject that is personal to us and imperative from the standpoint of democracy: term limits for Supreme Court Justices. The need for checks and balances is a foundational principle within this country, a principle we fervently believe should be extended to the Supreme Court.

The Supreme Court recently made anything a president does as an "official act" legal, so we, the American people, are urging president Joe Biden to make implementing term limits for Supreme Court Justices an official act to restore checks and balances within our nation.


As it stands, we, the people, are unable to exercise our voting rights over justices, which creates the potential for long-term majorities in this extremely powerful arm of government. Consider the impacts of such long-term majorities. Maternal death rates, for instance, have been on a startlingly upward trend as our human rights are gradually eroded away. This widening gap between power and consequence is alarming.

Based on history, four of the nine current justices have already served more than 25 years, apparently setting the stage for a potential 70-year majority. This could exacerbate issues of impartiality, representation, and turnover.

We implore President Biden to consider this democratic reform, not just as a political act, but as a beacon of justice reinvention. Establishing a non-renewable term limit for justices has the potential to revamp our Supreme Court, enhancing its balance and further aligning it with democratic ideals.

Let's remember that we are living in a nation whose vibrant spirit thrives on justice, equality, and liberty. As such, let's strive to ensure these principles are embedded at every level of our governance, including within the Supreme Court. Sign this petition today to urge President Biden to place term limits on Supreme Court Justices.

 

We already had a bill in Congress that the President could use and implement. We, the American people, are using our voices today to demonstrate that we DO want this. 

Bill in question: 

 

H. R. 5140 :To establish a process by which the appointment of Supreme Court Justices can occur at regular time intervals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 31, 2021 Mr. KHANNA (for himself, Mr. BEYER, Ms. LEE of California, and Ms. TLAIB) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a process by which the appointment of Supreme Court Justices can occur at regular time intervals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Supreme Court Term Limits and Regular Appointments Act of 2021’’. SEC. 2. SUPREME COURT TERM LIMITS. (a) IN GENERAL.—Chapter 1 of title 28, United States Code, is amended by adding at the end the following:  ‘‘The President shall, during the first and third years after a year in which there is a Presidential election, nominate, and by and with the advice and consent of the Senate, appoint one Justice of the Supreme Court. ‘‘§ 8. Senior Justices ‘‘(a) IN GENERAL.—Except as provided in subsection (c), the panel of justices exercising Judicial power in Cases and Controversies shall comprise the nine most junior Justices. ‘‘(b) DEEMED RETIRED.—After a Justice has served 18 years, that Justice shall be deemed a Justice retired from regular active service under section 371(b). ‘‘(c) EXCEPTION.—No Justice appointed before the date of enactment of this Act shall be counted toward the panel of nine Justices described in subsection (a), nor shall they be required to retire from regular active service under subsection (b). ‘‘§ 9. Waiver of advice and consent authority ‘‘If the Senate does not exercise its advice and consent authority with respect to a President’s nominee to the Supreme Court within 120 days after the nomination, the Senate shall be deemed to have waived its advice and consent authority with respect to such nominee, and the nominee shall be seated as a Justice of the Supreme Court.’’. for chapter 1 of title 28, United States Code, is amended by adding at the end the following: ‘‘7. Term limits. ‘‘8. Senior Justices. ‘‘9. Waiver of advice and consent authority.’’. SEC. 3. SENIOR JUSTICES. Section 294 of title 28, United States Code, is amended— (1) by amending subsection (a) to read as follows: ‘‘(a) Any Chief Justice of the United States or Associate Justice of the Supreme Court who has retired from regular active service under section 371(b) of this title shall be known and designated as a Senior Justice and may continue to perform such judicial duties as such Justice is willing and able to undertake, when designated and assigned by the Chief Justice of the United States.’’; (2) in subsection (d), by striking ‘‘of such court’’ and all that follows through ‘‘Supreme Court.’’ and inserting: ‘‘of such court, except that any designation or assignment made to the Supreme Court shall be in accordance with subsection (e).’’; (3) by redesignating subsection (e) as subsection (g); and (4) by inserting after subsection (d) the following:  Court due to the death, disability certification under section 372, or removal of a Justice, the retired Chief Justice of the United States or Associate Justice of the Supreme Court who has most recently become a Senior Justice shall be designated and assigned to serve as a Justice until an appointment is made under section 7 of this title. ‘‘(2) If there is more than one vacancy on the Supreme Court, the Senior Justice who has served in such capacity for the least amount of time shall be designated and assigned to serve as a Justice by the Chief Justice until each vacancy on the Supreme Court is filled. ‘‘(f) Any Chief Justice of the United States or Associate Justice of the Supreme Court who has retired from regular active service under section 372 may not be a Senior Justice.’’. SEC. 4. EXCEPTION TO APPOINTMENT OF A SUCCESSOR. (a) RETIRED JUSTICES.—Section 371 of title 28, United States Code, is amended— (1) in subsection (d)— (A) by striking ‘‘justice or’’; and (B) by inserting before the period at the end the following: ‘‘or designate a Senior Justice in accordance with section 294(e) to fill  with BILLS under this section’’; and (2) by adding at the end the following: ‘‘(f) Any justice of the United States who has served a total of 18 years as a justice shall be treated as a justice retired from regular active service under this section, unless the justice is otherwise eligible to retire as a result of a disability under section 372.’’. (b) DISABLED JUSTICES.—Section 372(a) of title 28, United States Code, is amended in the first sentence, by inserting after ‘‘a successor’’ the following: ‘‘or, in the case of a justice of the United States, fill the vacancy in accordance with section 294(e)’’. •

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The Issue

As deeply concerned citizens, there's a subject that is personal to us and imperative from the standpoint of democracy: term limits for Supreme Court Justices. The need for checks and balances is a foundational principle within this country, a principle we fervently believe should be extended to the Supreme Court.

The Supreme Court recently made anything a president does as an "official act" legal, so we, the American people, are urging president Joe Biden to make implementing term limits for Supreme Court Justices an official act to restore checks and balances within our nation.


As it stands, we, the people, are unable to exercise our voting rights over justices, which creates the potential for long-term majorities in this extremely powerful arm of government. Consider the impacts of such long-term majorities. Maternal death rates, for instance, have been on a startlingly upward trend as our human rights are gradually eroded away. This widening gap between power and consequence is alarming.

Based on history, four of the nine current justices have already served more than 25 years, apparently setting the stage for a potential 70-year majority. This could exacerbate issues of impartiality, representation, and turnover.

We implore President Biden to consider this democratic reform, not just as a political act, but as a beacon of justice reinvention. Establishing a non-renewable term limit for justices has the potential to revamp our Supreme Court, enhancing its balance and further aligning it with democratic ideals.

Let's remember that we are living in a nation whose vibrant spirit thrives on justice, equality, and liberty. As such, let's strive to ensure these principles are embedded at every level of our governance, including within the Supreme Court. Sign this petition today to urge President Biden to place term limits on Supreme Court Justices.

 

We already had a bill in Congress that the President could use and implement. We, the American people, are using our voices today to demonstrate that we DO want this. 

Bill in question: 

 

H. R. 5140 :To establish a process by which the appointment of Supreme Court Justices can occur at regular time intervals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 31, 2021 Mr. KHANNA (for himself, Mr. BEYER, Ms. LEE of California, and Ms. TLAIB) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a process by which the appointment of Supreme Court Justices can occur at regular time intervals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Supreme Court Term Limits and Regular Appointments Act of 2021’’. SEC. 2. SUPREME COURT TERM LIMITS. (a) IN GENERAL.—Chapter 1 of title 28, United States Code, is amended by adding at the end the following:  ‘‘The President shall, during the first and third years after a year in which there is a Presidential election, nominate, and by and with the advice and consent of the Senate, appoint one Justice of the Supreme Court. ‘‘§ 8. Senior Justices ‘‘(a) IN GENERAL.—Except as provided in subsection (c), the panel of justices exercising Judicial power in Cases and Controversies shall comprise the nine most junior Justices. ‘‘(b) DEEMED RETIRED.—After a Justice has served 18 years, that Justice shall be deemed a Justice retired from regular active service under section 371(b). ‘‘(c) EXCEPTION.—No Justice appointed before the date of enactment of this Act shall be counted toward the panel of nine Justices described in subsection (a), nor shall they be required to retire from regular active service under subsection (b). ‘‘§ 9. Waiver of advice and consent authority ‘‘If the Senate does not exercise its advice and consent authority with respect to a President’s nominee to the Supreme Court within 120 days after the nomination, the Senate shall be deemed to have waived its advice and consent authority with respect to such nominee, and the nominee shall be seated as a Justice of the Supreme Court.’’. for chapter 1 of title 28, United States Code, is amended by adding at the end the following: ‘‘7. Term limits. ‘‘8. Senior Justices. ‘‘9. Waiver of advice and consent authority.’’. SEC. 3. SENIOR JUSTICES. Section 294 of title 28, United States Code, is amended— (1) by amending subsection (a) to read as follows: ‘‘(a) Any Chief Justice of the United States or Associate Justice of the Supreme Court who has retired from regular active service under section 371(b) of this title shall be known and designated as a Senior Justice and may continue to perform such judicial duties as such Justice is willing and able to undertake, when designated and assigned by the Chief Justice of the United States.’’; (2) in subsection (d), by striking ‘‘of such court’’ and all that follows through ‘‘Supreme Court.’’ and inserting: ‘‘of such court, except that any designation or assignment made to the Supreme Court shall be in accordance with subsection (e).’’; (3) by redesignating subsection (e) as subsection (g); and (4) by inserting after subsection (d) the following:  Court due to the death, disability certification under section 372, or removal of a Justice, the retired Chief Justice of the United States or Associate Justice of the Supreme Court who has most recently become a Senior Justice shall be designated and assigned to serve as a Justice until an appointment is made under section 7 of this title. ‘‘(2) If there is more than one vacancy on the Supreme Court, the Senior Justice who has served in such capacity for the least amount of time shall be designated and assigned to serve as a Justice by the Chief Justice until each vacancy on the Supreme Court is filled. ‘‘(f) Any Chief Justice of the United States or Associate Justice of the Supreme Court who has retired from regular active service under section 372 may not be a Senior Justice.’’. SEC. 4. EXCEPTION TO APPOINTMENT OF A SUCCESSOR. (a) RETIRED JUSTICES.—Section 371 of title 28, United States Code, is amended— (1) in subsection (d)— (A) by striking ‘‘justice or’’; and (B) by inserting before the period at the end the following: ‘‘or designate a Senior Justice in accordance with section 294(e) to fill  with BILLS under this section’’; and (2) by adding at the end the following: ‘‘(f) Any justice of the United States who has served a total of 18 years as a justice shall be treated as a justice retired from regular active service under this section, unless the justice is otherwise eligible to retire as a result of a disability under section 372.’’. (b) DISABLED JUSTICES.—Section 372(a) of title 28, United States Code, is amended in the first sentence, by inserting after ‘‘a successor’’ the following: ‘‘or, in the case of a justice of the United States, fill the vacancy in accordance with section 294(e)’’. •

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