The Supreme Court, bastion of conservatism

[SeattleUte]

No! I disagree with your premise!

Sounds like you want the people to elect their judges ("More democracy is better."): I think that has been an abject failure in state courts. Lifetime appointments have their limitations (old-foogies on the bench being one that you point out), but I think it makes for much more judicial independence than mandatory term limits. Democrats/Republicans would nominate their close allies (like they do now), but the allies would have to make political decisions in line with the democrats or republicans knowing that their next job would likely come from the people that nominated them.

Judges are political creatures-but term limits would make them more so.

No. I said explicitly I'm not for electing judges. But you have not articulated persuasively how term limits or mandatory retirement makes them more political, while acknowledging that as it is, they are not immune to politics. Most law firms try to be apolitical for obvious reasons. But lawyers tend to be more liberal. So term limits should not trouble real liberals. If the term limit is 20 years or so and the mandatory retirement age 70-plus, that would take care of most of your concerns. As it is, magistrate judges decide a large percentage of disputes in our country, and they have term limits and usually would have fewer options than real federal judges. Your concern isn't one I've heard about them.

I'm sorry this offends your conservative streak. But just because judges have always been appointed for life doesn't mean it makes any sense.

[SeattleUte]

The problem with state judiciaries don't begin and end with elections. There is poor pay, poor benefits, few resources like clerks, in addition to elections.

[Northwestcoug]

I accept SU's endorsement for SCOTUS term limits!

[Jeff Lebowski]

I accept SU's endorsement for SCOTUS term limits!

Ha. Have fun with that. He will gut you like a snake at the first opportunity.

[UVACoug]

One idea I’ve seen that might diminish any negative impact of bias caused by a desire to get a job in the private sector is to not impose a strict term limit that removes them from the bench completely but puts them on Senior status after a number of years. Once on senior status, they can sit on intermediate appellate court panels if they want, but not the Supreme Court itself. I think Justice O’Connor did that for a while after she “retired” and Justice Stevens might have too, so there’s precedent for that.

I don’t think the temptation of a private sector job is a serious risk though. Retired SCOTUS justices are not going to have any trouble finding a job if they want one and there are already ethical rules about job seeking and conflicts that arise as a result. Also, there’s nothing keeping current justices from resigning and taking a lucrative private sector job. Several lower level judges have done that, given how relatively low judicial salaries are. But judges usually like their jobs and if you give them a way to continue judging even after a “term limit,” they aren’t likely to go after a private sector job.

[old_gregg]

Ha. Have fun with that. He will gut you like a snake at the first opportunity.

or he'll throw an impotent boomer temper tantrum and whine about fairness and how mean everyone is. one of those two things.

[Northwestcoug]

Ha. Have fun with that. He will gut you like a snake at the first opportunity.

Oh no doubt. But I will ride it until that happens.

[SeattleUte]

Oh no doubt. But I will ride it until that happens.

The framers screwed up various ways. One was enshrining slavery in the Constitution, another was omitting a constitutional right to a minimum standard of education and health care.

[SeattleUte]

or he'll throw an impotent boomer temper tantrum and whine about fairness and how mean everyone is. one of those two things.

What are you talking about? Who's been setting federal courthouses and books on fire? Millennials. Millennials who are too ignorant to know federal courts' historic role enforcing civil rights (disgraceful until 1954, not bad since then). Mostly if not exclusively white, mostly if not exclusively relatively affluent Millennials.

[SCcoug]

The framers screwed up various ways. One was enshrining slavery in the Constitution, another was omitting a constitutional right to a minimum standard of education and health care.

Leeches for all!

[old_gregg]

What are you talking about? Who's been setting federal courthouses and books on fire? Millennials. Millennials who are too ignorant to know federal courts' historic role enforcing civil rights (disgraceful until 1954, not bad since then). Mostly if not exclusively white, mostly if not exclusively relatively affluent Millennials.

ok boomer

[PaloAltoCougar]

The framers screwed up various ways. One was enshrining slavery in the Constitution, another was omitting a constitutional right to a minimum standard of education and health care.

Probably not worth a discussion here, but I'm curious what this right would look like. Since the 14th Amendment was still 70+ years away, should the feds have been obligated to educate the country? And why not a constitutional right to education and health care, but not food and shelter, which are even more essential?

[SeattleUte]

Probably not worth a discussion here, but I'm curious what this right would look like. Since the 14th Amendment was still 70+ years away, should the feds have been obligated to educate the country? And why not a constitutional right to education and health care, but not food and shelter, which are even more essential?

Put it in just like I have and let the legislature develop standards subject to Supreme Court review. Like anything else in the Constitution.

Washington state constitution has the right to education. That's how they do it.

[All-American]

The framers screwed up various ways. One was enshrining slavery in the Constitution, another was omitting a constitutional right to a minimum standard of education and health care.

Also they totally whiffed on broadband internet access.

[SeattleUte]

Also they totally whiffed on broadband internet access.

Add that to a picture of a guy on a tractor and you have half of Lebowski's Facebook feed.