152
Gaetz says he'd support raising motion-to-vacate threshold if GOP enacts Democrat’s reform plan
(www.washingtonexaminer.com)
this post was submitted on 06 Oct 2023
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politics
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You can only do that by constitutional amendment.
I’m not familiar with a constitutional ban on term limits, and the idea has been floated by people at fairly high levels. Where do you think the restriction is, and do you think any limits could apply to new justices even if the currents are grandfathered in?
Article 3, Section 1:
Unlike for President, Senators, and Representatives, no term is given for Federal Judges, which includes the Supreme Court Justices. They "shall hold their Offices during good Behaviour." Once a Federal Judge, always a Federal Judge.
Article 3, Section 2:
Because judicial review is inferred (not stated) in the Constitution, and because Congress has explicit permission to regulate the judiciary (including the Supreme Court), Congress can effectively do what they want.
This means that Congress can put a clause stating "this law is not subject to judicial review" and there is literally nothing SCOTUS can do about it. It's a check on SCOTUS. Congress has full power over judicial review.
Congress has tried exercising this clause in the past (to force judicial review to require a 2/3 majority of justices), but it's always died in the Senate.
That can limit their appellate jurisdiction. Congress can't restrict the court's original jurisdiction. A state could sue the federal government over this and as a case where a state is a party, the Supreme Court has original jurisdiction.