Skip to content
Part of the Law Professor Blogs Network

Why not consider some form of term limits for all federal judges, not just Supreme Court Justices?

I fully understand why the Supreme Court and its Justices get so much attention.  But I also know that anyone deeply concerned about federal jurisprudence, especially as it relates to criminal justice administration, must also attend to the work and composition of the entire federal judiciary.  After all, the Supreme court now decides only a few dozen cases each year (with only about a dozen of those criminal cases).  But, as detailed here, the federal circuit courts resolve tens of thousands of cases each year and the federal district courts resolve hundreds of thousands of cases each year.  (Of this number, nearly 20,000 federal appeals and over 100,000 federal trial court cases deal with various criminal matters.)

I am not sure if I am a supporter of term limits for Supreme Court Justices, as I see sound arguments on both sides of the debate.  But I am sure that if we are going to discuss and perhaps rework the terms of service for federal Justices, I would also like to discuss and perhaps rework the terms of service for all federal judges.  After all, as detailed here, there are many important federal judges — namely magistrate judges and bankruptcy judges — who serve for fixed terms rather than for life. 

Of course, this new Washington Post op-ed from Prez Joe Biden is raising anew these issues and others.  Here is part of his pitch for SCOTUS term limits:

What is happening now is not normal, and it undermines the public’s confidence in the court’s decisions, including those impacting personal freedoms.  We now stand in a breach.

That’s why — in the face of increasing threats to America’s democratic institutions — I am calling for three bold reforms to restore trust and accountability to the court and our democracy….

Second, we have had term limits for presidents for nearly 75 years.  We should have the same for Supreme Court justices.  The United States is the only major constitutional democracy that gives lifetime seats to its high court. Term limits would help ensure that the court’s membership changes with some regularity.  That would make timing for court nominations more predictable and less arbitrary.  It would reduce the chance that any single presidency radically alters the makeup of the court for generations to come.  I support a system in which the president would appoint a justice every two years to spend 18 years in active service on the Supreme Court.

I could certainly see benefits in making the “timing for [all federal] court nominations more predictable and less arbitrary,” as well as value in “reduc[ing] the chance that any single presidency radically alters the makeup of [each federal] court for generations to come.”  Consequently, I would like to see coming discussions, as the title to this post suggests, to more robustly consider possible term limits for all federal judges and not just Supreme Court Justices.