Supreme Court Tenure Establishment and Retirement Modernization Act of 2025
- Sponsor
- Rep. Johnson, Henry C. "Hank" [D-GA-4]
- Committees
- Judiciary Committee (primary)
- Last action
- May 21, 2025
Bottom line
The bill fundamentally alters the structure of Supreme Court appointments and tenure, shifting from life tenure to fixed 18-year terms and regularizing appointments.
What it actually does
This bill proposes to establish 18-year term limits for Supreme Court justices, with new justices being appointed every two years in the first and third years after a presidential election. It also outlines a process for current justices to transition to senior status and for senior justices to fill temporary vacancies, fundamentally altering the structure of Supreme Court appointments and tenure.
Proponents argue
Proponents argue this bill would depoliticize the Supreme Court, ensure regular appointments, and better reflect contemporary societal values by preventing justices from serving for excessively long periods. They believe it would reduce the high-stakes nature of individual appointments and foster greater public trust in the judiciary.
Opponents contend
Opponents contend that this bill is unconstitutional, as Article III of the Constitution grants federal judges, including Supreme Court justices, life tenure 'during good Behaviour.' They argue it would politicize the Court further by making appointments more predictable and subject to political cycles, potentially undermining judicial independence.
The bill is very short and straightforward, allowing for a quick and comprehensive understanding of its core proposals.
Section 2(a), adding new 28 U.S.C. Sec. 7(a), (b), (d)
Establishment of Regular, Staggered Supreme Court Appointments
This provision mandates that the President nominate one Supreme Court justice during the first and third years after a presidential election. This establishes a regular, staggered appointment schedule, ensuring a new justice is appointed every two years. It also specifies that this is the exclusive method of appointment and sets a 90-day (or 120-day for subsequent nominations) deadline for Senate advice and consent.
Supporters argue
Supporters argue this regularizes the appointment process, reducing the political intensity of individual vacancies and ensuring a more predictable and less politicized judiciary. It aims to prevent 'court packing' accusations by establishing a clear, non-discretionary schedule.
Critics contend
Critics might argue that this provision, tied to the term limits, is part of a broader unconstitutional scheme to alter the judiciary. They may also contend that it could still lead to politicization by making appointments predictable within presidential terms, encouraging strategic nominations.
Tradeoffs
Balances the desire for a predictable, less politicized appointment process against concerns about potential constitutional conflicts and the inherent political nature of judicial selection.
Section 2(a), adding new 28 U.S.C. Sec. 7(c) and Sec. 8(a)
Fixed 18-Year Terms for Future Supreme Court Justices
This provision establishes that any justice appointed after the bill's enactment will serve a single 18-year term in regular active service. After this term, the justice will be deemed to have retired from active service, transitioning to senior status. It explicitly limits an individual to one 18-year term.
Section 2(a), adding new 28 U.S.C. Sec. 8(b)
Phased Transition of Current Justices to Senior Status
This provision outlines how justices serving prior to the bill's enactment will transition to senior status. Beginning with the longest-serving justice, each current justice will be deemed to have retired from regular active service (under 28 U.S.C. 371(b)) upon the commission of each new justice appointed under the new system. This creates a staggered transition for existing justices.
Section 3, amending 28 U.S.C. Sec. 294
Mechanism for Senior Justices to Fill Temporary Court Vacancies
This provision establishes a process for senior Supreme Court justices (those who have retired from active service but retained their office) to temporarily fill vacancies on the Court if the number of active justices falls below the statutory requirement due to vacancy, disability, or disqualification. The Chief Justice would select a senior justice through a publicly transparent and randomized process.