Should Supreme Court Justices continue to serve for life?

PositionDebate

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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