Season 4, Episode 32 (Show 189): How To Get To 18 Years

August 7, 2024

President Biden has announced his Court reform plans, and though short of details, it sounds the 18 year “term limits” bell that we have advocated. So, we analyze.

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The 2021 Biden Commission on the Court has now led – with a big “assistance” from the Court itself – to President Biden’s own plan for Court reform. It is sketchy in many ways, but is entirely consistent with Professor Amar’s long-held views on 18 year active terms for Supreme Court justices, though the President’s proposal lacks the detail of that plan. This is unsurprising in a way since Prof. Amar testified before that Commission.  There are other related plans in proposed statutes that lie in committees of the House and Senate.  We consider the features of all, the flaws we have diagnosed, and we also have some commentary on some other aspects of the President’s proposals, including a possible constitutional amendment.  Lots to consider this week!

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Show Notes: