22-05-2025
Supreme Court Structure Would Be Upended Under New Bill
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Representative Hank Johnson, a Democrat from Georgia, reintroduced the Supreme Court Tenure Establishment and Retirement Modernization (TERM) Act on Wednesday, which would create term limits for justices and a new system of nominating them.
The proposal, supported by several House Democrats and advocacy organizations, is designed to address concerns about the Court's independence and the increasingly partisan nature of the confirmation process.
Why It Matters
Supporters argue that establishing term limits and a regular appointment schedule could reduce the partisan stakes of Supreme Court vacancies and help restore public confidence in the judiciary.
Rep. Hank Johnson, D-Ga., questions ATF Director Steven Dettelbach during the House Judiciary Committee hearing titled "Oversight of the Bureau of Alcohol, Tobacco, Firearms and Explosives," Rayburn Building on Wednesday, April 26, 2023.
Rep. Hank Johnson, D-Ga., questions ATF Director Steven Dettelbach during the House Judiciary Committee hearing titled "Oversight of the Bureau of Alcohol, Tobacco, Firearms and Explosives," Rayburn Building on Wednesday, April 26, 2023.
Tom Williams/CQ Roll Call via AP Images
If enacted, the TERM Act would represent the first major change to the tenure and appointment process for Supreme Court justices in over two centuries, with implications for the balance of power among the branches of the federal government.
What to Know
The TERM Act would establish 18-year terms for justices in active service on the Supreme Court, at which point they would assume a form of senior status. While justices would retain life tenure, which would preserve constitutional protections for judicial independence, they would primarily serve in an "active" capacity for a single, non-renewable term. Once the term ends, justices would continue to hold their office but would participate in cases only if called upon under certain circumstances.
Under the bill, new Supreme Court justices would be nominated every two years, specifically in the first and third years following a presidential election. This appointment cadence is intended to reduce disparities in the number of appointments each president may make, ensure more predictable turnover, and decrease political tensions during nomination periods. Current justices would transition to senior status based on their length of service as new justices are confirmed.
The Act maintains the current number of nine justices on the Supreme Court. If, at any time, the number of justices in active service drops below nine, whether due to death, resignation, or recusal, a justice from those with senior status would be randomly selected to serve temporarily on the Court to maintain its full complement.
For sitting justices, the Act would initiate a staggered transition to senior status. As new justices are appointed in accordance with the new schedule, the longest-serving current justice would move to senior status, and so forth, to avoid immediate mass turnover.
According to the Institute for the Advancement of the American Legal System (IAALS) at the University of Denver, the average tenure of Supreme Court justices since 1970 has risen to about 25 years, far longer than in previous eras.
The bill has attracted multiple Democratic cosponsors, such as Maryland Representative Jamie Raskin, Washington Representative Pramila Jayapal, and New York Representative Alexandria Ocasio-Cortez, as well as the endorsement of organizations including Demand Justice, Brennan Center for Justice, and People For the American Way.
"We are a nation of laws grounded in the independence and impartiality of our judicial system. This independence is designed to ensure that our justices are shielded behind a veil of neutrality, free from pressure and influence," Johnson said in a statement.
Newsweek reached out to Johnson for additional comment.
Johnson previously introduced the bill in 2023. It was then referred to the House Committee on the Judiciary, but it did not proceed further. The bill had 67 co-sponsors, all Democrats, with six original co-sponsors.
What People Are Saying
Johnson, in a statement: "Creating 18-year term limits for Supreme Court justices, with a new justice taking the bench every two years, would help ensure that the justices make decisions based solely on law and fact, depoliticizing the confirmation process. At a time when federal courts are acting as the protectors of our democracy, this is a necessary step toward bolstering confidence, faith and independence to our nation's highest court."
Svante Myrick, president of People For the American Way, in a statement: "Some presidents have appointed no justices; others appointed a third of the Court in a single term. That imbalance has fueled growing public distrust in the legitimacy of our nation's highest court. The TERM Act is a move in the right direction, aligning the Court with the will of the American people, the majority of whom across the political spectrum support Supreme Court term limits."
What Happens Next
The TERM Act awaits committee consideration in the House of Representatives. It's unlikely to come to the floor for a vote, though, because it would likely require Speaker of the House Mike Johnson to bring it up for consideration and the bill currently has no Republican co-sponsors.
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