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Supreme Court Term Limits

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Most certainly the Washington Post editorial board can be very, very wrong. But in arguing that a solution for the problems of the courts is term limits instead of court-packing, I’d probably agree, at least in a vacuum. Now, in fact, the Constitution does not grant lifetime tenure to Supreme Court justices. The practice goes back to 1788, but it does not require a constitutional amendment to fix it. 18-year terms is the kind of thing that might actually have some sort of bipartisan support, at least it would if Republicans weren’t so expert at controlling the courts by appointing 33 year old hacks to the federal courts. But given that Ro Khanna’s bill would only cover the Supreme Court, it might be a solution, especially if it happened to exclude sitting justices, kicking the can down the road a bit. I’m struggling to see any downside here, at least compared to outright courtpacking.

I’m no legal expert so I’m certainly open to counter opinions here.

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