The recent Supreme Court decision reveals that the conservatives to be corrupt partisan hypocrites, though it was even more conclusively shown in December 0f 2000 in Bush v. Gore, but it clearly indicates that the some sort of change to the membership of the court is essential.
But I do not support 6 more members. Instead, I support instituting a mandatory retirement age of 65 for all members of the Federal Judiciary, including SCOTUS.
Only 4 justices are younger than that, BTW.
Why do I support this instead of adding 6 justices? Because this is harder for Republicans to game when they assume power again, and because it would also turn over the entire federal judiciary.
You say toe-may-toe, I say toe-mah-toe, or as Alexei Sayle says:
If you travel to the States... they have a lot of different words than like what we use. For instance: they say 'elevator', we say 'lift'; they say 'drapes', we say 'curtains'; they say 'president', we say 'stupid psychopathic git.'.Sayle's joke is from the Bush years, BTW.
5 comments :
Good points. The age of 65 might be a negotiable point (seventy would have almost the same effect). "Retirement" could also mean the creation of a designated segment of the judiciary now badly needed to process pro forma judicial work. Expedited immigrant matters comes to mind.
Would require a Constitutional Amendment though.
No, it wouldn't. It's a matter of statute that federal judges have lifetime tenure, not the constitution.
Specifically, you could send them to senior status at a specific age, as has been in statute, and supported by the courts for years.
You can't send them into senior status, they have to request it.
Under the Rule of 80, which is governed by provisions of 28 U.S.C. § 371, beginning at age 65, a judge may retire at his or her current salary or take senior status after performing 15 years of active service as an Article III federal judge.
Judges: " The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour"
You can't force senior status. It is entirely voluntary now.
I might add that senior status judges, fully participate, and currently handle ~15% of lower court cases.
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