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Supreme Court term limits are popular — and appear to be going nowhere

“It takes years to work through the state legislatures,” Sen. Elizabeth Warren (D-Mass.) said in an interview. “We don’t have years when the Supreme Court is gutting voting rights, gutting union rights, gutting the equal protection clause and signaling that it’s going to overturn Roe.”

President Joe Biden’s commission to study structural revisions to the Supreme Court found one potential change both Democrats and Republicans have said they could support: implementing term limits for the justices, who currently have lifetime tenure.
Yet the bipartisan support among legal experts and the public for term limits isn’t catching on among elected officials on Capitol Hill who would be the starting point on any alterations to the makeup of the Supreme Court. Impatient liberals clamoring for change say enacting term limits would take far too long, while Republican lawmakers are loath to endorse changes they are characterizing as part of a broader effort from Democrats to politicize the judiciary.

The opposition from both corners adds another layer of doubt that proposals laid out and debated by Biden’s Supreme Court commission will translate into tangible action in the near future.

The chief argument against term limits among Democratic lawmakers and others who have endorsed structural changes is that doing so may require a constitutional amendment — a process that is long, cumbersome and has not been successfully executed since 1992.

“It takes years to work through the state legislatures,” Sen. Elizabeth Warren (D-Mass.) said in an interview. “We don’t have years when the Supreme Court is gutting voting rights, gutting union rights, gutting the equal protection clause and signaling that it’s going to overturn Roe.”

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