Adam Chilton, Colleagues Write About Supreme Court Term Limits

The Empirical Case for Supreme Court Term Limits

President Joe Biden has announced his intention to pursue term limits for Supreme Court justices, a reform with broad public support across the political spectrum. As the public increasingly loses confidence in the Court as an apolitical institution, it is both timely and prudent for Biden to consider this path.

We have studied the potential impact of instituting Supreme Court term limits, and the findings are compelling. Term limits could address some of the woes plaguing the Court.

Supreme Court nominations have become intensely politicized, partly due to their irregularity. Biden appointed only one justice in his one term, Ketanji Brown Jackson, while Donald Trump appointed three in his single term: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. (One-termer Jimmy Carter appointed none.) Why should one president have the opportunity to appoint three times as many justices as his successor?

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