Should Supreme Court Justices continue to serve for life?
Position | Debate |
Anthony M. Kennedy
YEARS ON COURT: 28
AGE: 80
APPOINTED BY: Ronald Reagan (Republican) in 1988
Often the Court's swing vote
Clarence Thomas
YEARS ON COURT: 25
AGE: 68
APPOINTED BY: George H. W. Bush (Republican) in 1991
Leans conservative
Ruth Bader Ginsburg
YEARS ON COURT: 23
AGE: 83
APPOINTED BY: Bill Clinton (Democrat) in 1993
Leans liberal
Stephen G. Breyer
YEARS ON COURT: 22
AGE: 78
APPOINTED BY: President Bill Clinton (Democrat) in 1994
Leans liberal
Open Seat
Vacated in February by the death of Justice Antonin Scalia at age 79
Chief Justice John G. Roberts Jr.
YEARS ON COURT: 11
AGE: 61
APPOINTED BY: George W. Bush (Republican) in 2005
Leans conservative
Samuel A. Alito Jr.
YEARS ON COURT: 10
AGE: 66
APPOINTED BY: George W. Bush (Republican) in 2006
Leans conservative
Sonia Sotomayor
YEARS ON COURT: 7
AGE: 62
APPOINTED BY: Barack Obama (Democrat) in 2009
Leans liberal
Elena Kagan
YEARS ON COURT: 6
AGE: 56
APPOINTED BY: Barack Obama (Democrat) in 2010
Leans liberal
Supreme Court Justice Antonin Scalia died suddenly in February at age 79. The Court has since operated with one of its nine seats vacant, affecting the outcome of many cases.
The Republican-controlled Senate has refused to consider President Obama's nominee, Judge Merrick Garland of the D.C. Court of Appeals, to fill the vacancy. In the midst of a hotly contested election, Republican leaders say the next president should make the appointment. One of the reasons for the political standoff is that the stakes are so high: Once approved by the Senate, Supreme Court justices serve for the rest of their lives or until they choose to step down or are impeached.* Here, two legal experts weigh in on whether life tenure for justices still makes sense.
[check] Analyze the arguments, cast your vote, and see instant results at upfrontmagazine.com
* Samuel Chase was the only Supreme Court justice ever impeached by the House of Representatives, in 1805. He was acquitted by the Senate and remained on the Court.
YES Since 1787, the Constitution has granted Supreme Court justices and most federal judges the right to hold their offices until they die or choose to retire. Stripping life tenure from Supreme Court justices would "fix" a nonexistent problem and threaten America's independent judiciary.
There's no evidence that justices need to be forced to retire. Many of our greatest justices have served honorably on the Court well into old age: Oliver Wendell Holmes was 90 when he retired in...
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