Politics

Poll: Public Overwhelmingly Supports Term Limits For Supreme Court Justices

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Kevin Daley Supreme Court correspondent
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A new poll has found that two-thirds of likely voters support imposing term limits on Supreme Court justices.

The Constitution holds that federal judges may keep their posts for a term of “good behavior,” which is effectively a grant of life tenure.

The poll, conducted by McLaughlin & Associates, found that 66 percent of likely voters support imposing term limits on justices. Only 16 percent of those surveyed opposed the measure. Sixty-three percent of respondents said they favored appointing the justices to an 18-year fixed term.

“The President-elect has said time and again that he wants to remove entrenched power from Washington, and nowhere is the power more concentrated and unmoving than at the Supreme Court,” said Gabe Roth, executive director of Fix the Court, a watchdog group which commissioned the poll. “Any serious congressional proposal to end life tenure at the high court, then, should have wide bipartisan support.”

The group also noted that the last 10 justices to leave the Court averaged nearly 27 years on the bench and were close to 81, on average, at the time of their resignation or death in office. (RELATED: Being A SCOTUS Justice Is A Sweet Gig, Financial Disclosures Show)

Support for term limits was highest among Republicans, who support the plan 71-15. Democrats support term limits by impressive but slightly smaller margins. Opposition to the proposal was highest among self-identified Hillary Clinton voters. Fifty-nine percent supported the idea, while 20 percent opposed it.

Implementing term limits for Supreme Court justices would require a constitutional amendment. As their term of service is set by the Constitution, only an amendment can alter it. Prominent legal scholars including Northwestern University Pritzker School of Law professor Steven Calabresi have endorsed the proposal. Texas GOP Sen. Ted Cruz has endorsed holding judicial retention elections, in which the justices would have to stand for reelection every eight years after their appointment.

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