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)