How Would Supreme Court Term Limits Work?

Term limits would keep an unseemly amount of power out of the hands of just a few individuals. It’s a popular reform – even more so than court-packing. And it’s a policy that every other court of last of resort the world over has implemented – that or a mandatory retirement age.

So Let’s Crunch the Numbers.

First, let’s give future justices tenures of 18 years apiece, which is what leading scholars and Fix the Court advocate for. Let’s assume the current justices are grandfathered out of any new term limits law and that they’ll serve on average for 27 years, the mean tenure length for the last few decades. Let’s also assume there are no retirements in presidential election years, and let’s begin the calculations this year:

2019

Current Supreme Court

2021

Term Limits Law Passes

Ginsburg Retires

Add “Justice A”

2023

Breyer Retires

Add “Justice B”

2025

Add “Justice C”

2027

Thomas Retires

Add “Justice D”

2029

Add “Justice E”

2030

Alito Retires

2031

Add “Justice F”

2033

Roberts Retires

Add “Justice G”

2035

Sotomayor Retires

Add “Justice H”

2037

Add “Justice I”

2038

Kagan Retires

2039

“Justice A” Retires

(18 Years After Appointment)

Add “Justice J”

2041

“Justice B” Retires

Add “Justice K”

2042

Gorsuch Retires

2043

“Justice C” Retires

Add “Justice L”

2045

9 Justices Become Permanent

“Justice D” retires

Kavanaugh Retires

Add “Justice M”