Dec. 10—WASHINGTON — An outgoing lawmaker from West Virginia is seeking term limits for members of the U.S. Supreme Court.
U.S. Senator Joe Manchin, I-W.Va., joined U.S. Senator Peter Welch, D-Vt., Monday in filing a joint resolution proposing a Constitutional amendment to establish term limits for U.S. Supreme Court Justices.
The amendment proposed by Manchin and Welch would institute nonrenewable, 18-year terms for new U.S. Supreme Court Justices, with a new term starting every two years. Manchin said his amendment aims to restore confidence in the high court, eliminate political gamesmanship from the nomination process, and reinforce judicial independence.
“I’m proud to introduce this legislation with Senator Welch that would establish 18-year term limits for Justices of the United States Supreme Court,” Manchin said in a prepared statement Monday. “The current lifetime appointment structure is broken and fuels polarizing confirmation battles and political posturing that has eroded public confidence in the highest court in our land. Our amendment maintains that there shall never be more than nine Justices and would gradually create regular vacancies on the court, allowing the president to appoint a new justice every two years with the advice and consent of the United States Senate. I encourage my colleagues on both sides of the aisle to join our legislation to help restore faith in our judicial system.”
The proposed amendment would not adjust the tenure of sitting Justices, but rather institute a transition period to maintain regular vacancies as current Justices retire. During that period, 18-year terms will begin every two years, regardless of when a current justice leaves the bench. Once a current justice retires, the newly appointed Justice will serve out the remainder of the next open 18-year term. The amendment would not change the overall number of Justices on the Court.
Republican Jim Justice, the current governor of West Virginia, is U.S. senator-elect for the Mountain State and will replace Manchin in January.
Republicans will assume control of the U.S. Senate in January.