Outgoing Sen. Joe Manchin pushes constitutional amendment for Supreme Court term limits

Sen. Joe Manchin, I-W.V., and Sen. Peter Welch, D-Vt., have put forward a proposal for a constitutional amendment that would establish term limits for future Supreme Court justices.

Currently, Supreme Court justices serve without any restrictions on the length of their terms, as stated in the U.S. Constitution: “… shall hold their Offices during good Behaviour…”

The proposed amendment suggests 18-year terms for justices, with new terms commencing every two years. However, these term limits would apply only to justices appointed after the ratification of the amendment, allowing current justices to remain on the bench for as long as they wish.

According to a press release by Manchin, the amendment aims to create regular vacancies on the Court, ensuring a transition period as current justices retire. The overall number of justices on the Court would remain unchanged, with 18-year terms starting every two years once a current justice steps down.

Manchin, who has served in the Senate since late 2010 and recently announced he will not seek re-election, emphasized the need for term limits to address the divisive confirmation battles and restore public confidence in the Supreme Court.

The proposal also specifies that there should never be more than nine justices on the Court, a number that has been fixed since the Judiciary Act of 1869.

Currently, three out of the nine Supreme Court justices were appointed by President Trump during his first term, while only one was appointed by President Biden.

Both Manchin and Welch underscored the importance of implementing term limits to reduce political influence and enhance public trust in the judiciary system.