Can Supreme Court justices have term limits? Ask the lawyer

Q: A lot of people in government stay in their jobs a long time. There clearly are occasions when some of those folks are no longer effective, or someone else could do a better job. But Supreme Court justices are there for life?

S.N., Downey

A: Article III, Section 1, of the U.S. Constitution provides that judges shall remain in their position so long as they follow “good behavior.” This lends itself to the historical view that Supreme Court justices have a lifetime tenure. The justices remain on the court until they die, retire, resign, or are impeached and removed from office. No Supreme Court justice has ever been removed.

Research indicates that a constitutional amendment would be necessary to create term limits, though some argue it could be done through other legislation that would move a justice to another position in the court. Research further shows that judicial term limits are utilized in many countries. Some follow the British model of judicial age limits. So terms limits for Supreme Court justices is not out of the question, but presently, I do not see much real movement in that regard.

Q: There is a lot of unhappiness about the Supreme Court. Is there a basis to add more justices?

F.B., Carson

A: The Constitution does not specify the size of the Supreme Court. Initially, Congress established a six-member Supreme Court, which was first modified to nine, then quickly back to six, though that proved impractical as the size and territories of the country grew. The court went to seven, then to nine and then to 10. President Ulysses S. Grant signed the Judiciary Act of 1869 into law, which returned the number of justice to nine (which is the number today).

It has been a long time since the number of Supreme Court Justices has been changed. President Franklin D. Roosevelt sought to expand the court, but was not successful. Bottom line, there is a possibility the number of Supreme Court justices will change in the future, but I suspect if that occurs, there will be a lot of public debate, if not “noise” and controversy.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.