Recently, several allegations of unchecked influence and potential corruption have tainted the image of the Supreme Court. The lifetime appointment of justices to the bench has led to an alarming accumulation of power and influence free from the checks and balances that define our democracy.
After constant revelations of corruption allegedly perpetrated by sitting justices, the deepening public disillusionment with the court makes the need for reform clear. In an era when our government institutions must embrace transparency and accountability, the highest court in the land cannot be an exception.
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Public Support and Concerns
The court's approval rating has plummeted to an all-time low, reflecting the public's growing mistrust and dissatisfaction. The reasons for the public's increasing distrust are legion. The current system has allowed for a conservative supermajority on the court despite Republicans winning the popular vote in only two of the last nine presidential elections.
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As Joan McCarter reported, "We're at a breaking point for the court. The media sees a very rich target for stories, and they're not going to stop looking now. There will be more revelations about what they're getting up to. Confidence in the court will continue to plummet as the stories are published and the ramifications of the court's extremist decisions ripple outward."
Judiciary independence
The challenge now is to reinvent and rejuvenate the system without undermining the independence of the judiciary. Introducing term limits would be a good starting point. Limiting justices' years of active service can ensure a regular turnover on the bench, bringing fresh perspectives and preventing the entrenchment of outdated ideologies. It would also reduce the political maneuvering often involved in securing a lifelong appointment to the bench and reduce the high-stakes nature of each nomination, making it easier to ensure equitable representation over time.
Well-structured policies and a robust selection process emphasizing merit and judicial philosophy rather than political leanings would reduce the likelihood of justices potentially swayed by political considerations as their term nears its end.
Accountability and Trust
This reform has broad public support, with two-thirds of Americans—including 57% of Republicans—favoring term limits for justices. Even Chief Justice John Roberts spoke for term limits before his appointment to the court, saying:
“The Framers adopted life tenure at a time when people simply did not live as long as they do now. A judge insulated from the normal currents of life for twenty-five or thirty years was a rarity then, but is becoming commonplace today. Setting a term of, say, fifteen years would ensure that federal judges would not lose all touch with reality through decades of ivory tower existence. It would also provide a more regular and greater degree of turnover among the judges. Both developments would, in my view, be healthy ones.”
For a democratic nation built upon checks and balances, the state of the Supreme Court necessitates serious introspection. As such, reforming the Supreme Court should be an opportunity to reinforce its credibility, independence, and integrity. It is crucial that we put in place safeguards that ensure its proper functioning and insulate it from undue influences.
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