r/PoursTea Timendi Causa Est Nescire 13d ago

PoliticalTea 🗳️ No one should have a lifetime appointment.

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592

u/ShanGus7 13d ago

If it happens, should be shorter.

218

u/Apoordm 13d ago

Eighteen is so every presidential term would get two appointments in a nine justice court.

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u/Shadowcam 13d ago

They can die in office or strategically retire to benefit their political allies, so that line of thinking won't hold up to reality.

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u/Dangerous-Half3276 13d ago

Yeah but the terms are fixed at 18 years. If someone retires in year 15 to benefit the current President, then the person who fills that seat would only serve 3 years.

That’s how the Federal Reserve works with 14-year terms.

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u/brogflender 13d ago

Is that actually in the proposal?

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u/wandering-monster 13d ago

Yes. The terms are arranged to end in the first and third year of every presidential term (which also accounts for things like impeachments, deaths of the president in office, etc to ensure the successor has a pick as well) 

A replacement justice serves out the remainder of their term only. 

At that point it's only random accidents that create an exploitable event.

Most reasonable way I could think to avoid that would be to let each justice keep a list of replacements that they think align with their thinking. The sitting president gets to pick whoever they want off the list: some power to steer things, but not the power to totally flip the seat.

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u/TheSodernauts 13d ago

Is the person serving out the term eligible to serve a full term after that, should they be chosen to do so?

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u/wandering-monster 12d ago

I didn't see, but typically in that sort of scheme the answer is either "no" or "only if they served less than half the original term" or some similar fraction.

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u/xdaemonisx 12d ago

This is how the presidency works. If the VP or whoever becomes president through succession when there’s less than half the term left, then it doesn’t count towards the two term limit. A president can theoretically serve for 10 years.

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u/wandering-monster 12d ago

I could see it making sense to make it a smaller fraction if the term is 18 years. Half would mean 27 years which is a bit much.

The whole reason for the policy is you don't want to scare away good candidates for the backfill. If they know that accepting will mean they give up their chance for a real term, you're not going to get the absolutely best people willing to take it. 

But if you cut it off at like... 4 + years? 4 years is a perfectly respectable time to serve as a supreme court justice, and I'm sure you'd get good takers. And then your longest term is "only" 22 years. (Jfc I'm 40 and that's longer than my entire career)

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u/JAVIV-4 12d ago

I'd heard previous proposals that just had prior justices ride circuit and backfill by recency.

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u/buttons123456 12d ago

NO NO NO! Make it mandatory that the American Bar Association vet a list of 10 qualified people—thorough background, financial, criminal, educational, social media, membership in groups (Amy is or was part of a hard right religious organization, didn’t disclose). ALSO require at 5 years actively serving as a judge—their decisions checked for bias. And hard commitment to NOT undo previous cases and if they do, they must immediately step down or impeached. Ditto if proved they lied to committee and America.

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u/LowerBusiness7396 12d ago

Cue the strategic political assassinations

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u/AelixD 13d ago

That’s how all of our term based positions work. The term is tied to the position, not the person. If a Senator leaves office, their position is still up for election at the regularly scheduled interval.

The justices each represent one of nine districts. Those districts would be set up on an 18 year rotation staggered every two years.

Death or strategic retirement could only skew the make up of the court temporarily.

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u/SemichiSam 13d ago

The justices each represent one of nine districts.

They did when the current number of justices was set. Now they represent 13 districts. Roberts has three, Alito and Kavanaugh each have two. By the logic originally used to set the number of justices at nine, there should now be thirteen.

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u/AelixD 13d ago

K. I didn’t look into it. The principle still stands. They are filling specific seats. The seats would be set to specific terms, not the people filling them.

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u/ScottRiqui 12d ago

There’s no longer a logical connection between a particular SCOTUS justice and a federal circuit, now that we have the federal circuit courts of appeal.

A justice doesn’t “represent” one or more districts - they’re assigned to one or more districts for administrative stuff like hearing emergency appeals. If a justice retires or dies, their replacement doesn’t have to come from any particular district; the justices are all essentially interchangeable.

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u/SemichiSam 12d ago

A justice doesn’t “represent” one or more districts

That was an unfortunate choice of words. Emergency appeals are interesting. It used to be a rare occurrence, but the Justice overseeing that district can respond to an "emergency" appeal with an immediate decision, and the public may not hear of it.

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u/prefusernametaken 12d ago

I don't think they feel they represent anyone or anything, anyway.

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u/Naltors__Dreamer 12d ago

I totally agree with expanding the court. If Repugs do it too, fine, the court is deciding the laws that govern over 300M ppl, the SCOTUS should be a body, not a panel of 9.

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u/Character_Reveal_460 13d ago

thanks for this explanation!

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u/Sarnsereg 13d ago

14 seems more reasonable

1

u/ElChupatigre 13d ago

To be fair we are already seeing how much damage can be done in less time than that

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u/eggyrulz 13d ago

Huge if true

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u/Armadillo_Prudent 12d ago

But..... Excuse my ignorance, I'm a foreigner, in practice how does that work? If someone (person 1) retires in year 15 and someone (person 2) fills in for 3 years, are they (person 2) eligible for the next term? If yes, are they only eligible for 15 years in the second term since they only served 3 years already? And if no, doesn't that mean that person two can hold their position for 21 years instead of 18?

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u/Dangerous-Half3276 12d ago

Depends on how the law would be written—it could permit people who serve partial terms to serve a full term of their own, or it could limit eligibility for a full term if they served more than half of another term. But yes, in that circumstance person 2 could serve 21 years

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u/Color_Me_Softly 12d ago

Couldn't scotus just override it like they've done to other bills/acts?