Professor Julie Suk, who, in addition to her JD, holds a doctorate in politics, spoke to Salon on whether it’s possible to add term limits to the Supreme Court, which has been proposed by President Joe Biden. This move comes two and a half years after Biden’s 2021 Presidential Commission on the Supreme Court of the United States released its 294-page report that analyzed the contemporary public debate for and against Supreme Court reform.
Biden’s op-ed doesn’t exactly say how the U.S. could pass term limits for Supreme Court justices. Fordham University School of Law Julie Suk, who provided testimony to the commission, said constitutional law scholars disagree about whether Congress itself could pass term limits without amending the Constitution.
“The Constitution says that judges hold their offices during good behavior, and it’s long been understood that that means that the judge gets to keep their position for as long as they want, unless, of course, they get impeached,” Suk said.
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Suk said in almost all supreme or constitutional courts in other countries, terms are limited to 10 to 12 years.
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Suk said calls for term limits get more bipartisan support than other court reforms, and that Biden’s proposal is “more moderate” than liberals and Democrats who have called to expand the court.
