Outgoing Sen. Joe Manchin pushes constitutional amendment for Supreme Court term limits

Sen. Joe Manchin, I-W.V., and Sen. Peter Welch, D-Vt., are proposing a constitutional amendment that would institute a term limit system for future Supreme Court justices.

Currently, high court justices do not face constraints on the length of their service. They ” … shall hold their Offices during good Behaviour …” the U.S. Constitution states.

The proposed amendment would create 18-year terms, with new terms beginning every two years. But the term limits would only impact justices appointed after ratification — all current justices would still be able to remain on the bench as long as they wish.

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Sen. Joe Manchin, D-W.V., speaks to the Detroit Economic Club at their meeting held at The Masonic in Detroit, Michigan, on Feb. 26, 2024. (JEFF KOWALSKY/AFP via Getty Images)

“The proposed amendment would not adjust the tenure of sitting Justices, but rather institute a transition period to maintain regular vacancies as current Justices retire,” a Manchin press release explains. “During that period, 18-year terms will begin every two years, regardless of when a current Justice leaves the bench. Once a current Justice retires, the newly appointed Justice will serve out the remainder of the next open 18-year term. The amendment would not change the overall number of Justices on the Court.”

Manchin, a Democrat-turned-independent who has served in the Senate since late 2010, did not seek re-election this year. His current term will end in less than a month.

“I’m proud to introduce this legislation with Senator Welch that would establish 18-year term limits for Justices of the United States Supreme Court. The current lifetime appointment structure is broken and fuels polarizing confirmation battles and political posturing that has eroded public confidence in the highest court in our land,” Manchin said, according to the press release. 

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Sen. Joe Manchin, D-W.V., speaks during the third annual Axios What’s Next Summit at the Planet Word Museum on March 19, 2024, in Washington, D.C.  (Chip Somodevilla/Getty Images)

“Our amendment maintains that there shall never be more than nine Justices and would gradually create regular vacancies on the Court, allowing the President to appoint a new Justice every two years with the advice and consent of the United States Senate. I encourage my colleagues on both sides of the aisle to join our legislation to help restore faith in our judicial system.”

The proposed amendment stipulates that the high court should be comprised of nine justices, a figure which is not currently enshrined in the Constitution.

“The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred,” according to the Supreme Court’s website.

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Sen. Peter Welch, D-Vt., departs from the Senate Chambers following a cloture vote on the Kids Online Safety Act in the U.S. Capitol Building on July 25, 2024, in Washington, D.C. (Tierney L. Cross/Getty Images)

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Three of the current nine members of the Supreme Court were appointed by President-elect Donald Trump during his first term in office, while only one of the current members was appointed by President Joe Biden.

“Taking action to restore public trust in our nation’s most powerful Court is as urgent as it is necessary. Setting term limits for Supreme Court Justices will cut down on political gamesmanship, and is commonsense reform supported by a majority of Americans,” Welch noted, according to the press release. “I’m proud to lead this effort with Senator Manchin that will restore Americans’ faith in our judicial system.”