Senate Democrats introduced legislation on Thursday to place term limits on Supreme Court justices, reigniting debate around the issue championed by Democrats in the House and the Senate.
That’s a great question. I think the short answer is that while it may technically be possible through legislation there will most certainly be immediate and then ongoing constitutional challenges.
The best way to implement this would absolutely be through a constitutional ammendment so as to set an incredibly high bar in order to undo these changes. However, accomplishing that seems unlikely given the gridlock that defines congress in the modern era.
Yeah, the most realistic (but still extremely unrealistic) way of achieving it would be a constitutional convention.
Besides it beingunrealisticto even make it happen, that would be a horrible idea though, since there being little to no framework about exactly how it would work, which means that unscrupulous politicians (*cough& Republicans cough) could potentially add or remove several other amendments.
All that to say that this is probably the most effective method currently available. As a bonus, the SCOTUS overruling it would probably cause such an uproar that Congress would attempt to introduce a new way that CAN’T be blocked but doesn’t require changing the constitution.
My question is, who brings suit? You can’t bring suit if you’re not an injured party. The justices can’t bring suit without recusing themselves. This is quite the conundrum.
That’s a great question. I think the short answer is that while it may technically be possible through legislation there will most certainly be immediate and then ongoing constitutional challenges.
The best way to implement this would absolutely be through a constitutional ammendment so as to set an incredibly high bar in order to undo these changes. However, accomplishing that seems unlikely given the gridlock that defines congress in the modern era.
Yeah, the most realistic (but still extremely unrealistic) way of achieving it would be a constitutional convention.
Besides it beingunrealisticto even make it happen, that would be a horrible idea though, since there being little to no framework about exactly how it would work, which means that unscrupulous politicians (*cough& Republicans cough) could potentially add or remove several other amendments.
All that to say that this is probably the most effective method currently available. As a bonus, the SCOTUS overruling it would probably cause such an uproar that Congress would attempt to introduce a new way that CAN’T be blocked but doesn’t require changing the constitution.
My question is, who brings suit? You can’t bring suit if you’re not an injured party. The justices can’t bring suit without recusing themselves. This is quite the conundrum.