Assessing and Addressing the Problems Caused by Life Tenure on the Supreme Court
Philip D. Oliver
University of Arkansas at Little Rock - William H. Bowen School of Law
Journal of Appellate Practice and Process, Spring 2012, Vol. 13, No. 1
UALR Bowen School Research Paper No. 13-03
Justices, like other Article III federal judges, enjoy life tenure. In this article, I contend that such life tenure is an anachronism that poses various problems, at least on the Supreme Court; that there is reason to believe that these problems are increasing; that life tenure is not justified by our legitimate concern for judicial independence; and that, therefore, either life tenure for Supreme Court Justices should be ended, or the adverse effects of life tenure be reduced by less drastic measures.
Number of Pages in PDF File: 23
Keywords: Supreme Court, judges, Judicial DecisionmakingAccepted Paper Series
Date posted: February 16, 2013 ; Last revised: February 19, 2013
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