Sheldon Whitehouse is back with the BATL Act, and this time, the public is standing behind him.
Whitehouse, along with Senators Cory Booker, Richard Blumenthal, and Alex Padilla, reintroduced the Supreme Court Biennial Appointments and Term Limits Act today. Same structure as the last two goes: 18-year terms, with the president required to appoint a justice in the first and third years of each presidential term. Only the nine most recently appointed justices hear cases arising under the Court’s appellate jurisdiction, which is to say essentially everything anyone has ever heard of. Everyone else keeps the seat, the salary, and the original jurisdiction docket. That’s the move that makes this a bill instead of a Constitutional amendment, and my colleague Joe Patrice has walked through why it works.
And man, is the proposal popular.
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The senator’s office cites two-thirds support for term limits. PRRI had it at three-quarters last fall, including 67% of Republicans. Joe’s numbers from May had it north of 70 percent. The range varies by pollster; the direction does not. When we looked at this a few weeks ago, 65% of Americans backed 18-year terms — including 61% of independents and 56% of Republicans — against the backdrop of confidence in the Court hitting a record low.
The cosponsor list is Hirono, Merkley, Welch, Schatz, Gillibrand, Schiff, and Murray. All Democrats, which remains the entire problem. The United States is one of five countries on earth with life tenure for its highest court, and 49 of 50 states limit their own top judges through terms, elections, or mandatory retirement ages.
Listen, this bill isn’t going anywhere fast. But… man, that polling keeps moving in one direction, the Court keeps supplying the reasons, and eventually the arithmetic of a proposal that a majority of Republican voters support is going to get awkward for the GOP leadership.
Earlier: Supreme Court Term Limits Are The Least Dangerous, Most Necessary Reform On The Menu
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New Poll Shows Americans — Even Republicans — Think The Supreme Court Needs To Be Reined In
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Bluesky @Kathryn1