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Assessing and Addressing the Problems Caused by Life Tenure on the Supreme Court

Journal of Appellate Practice and Process, Spring 2012, Vol. 13, No. 1

UALR Bowen School Research Paper No. 13-03

23 Pages Posted: 16 Feb 2013 Last revised: 19 Feb 2013

Philip D. Oliver

University of Arkansas at Little Rock - William H. Bowen School of Law

Date Written: 2012

Abstract

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.

Keywords: Supreme Court, judges, Judicial Decisionmaking

Suggested Citation

Oliver, Philip D., Assessing and Addressing the Problems Caused by Life Tenure on the Supreme Court (2012). Journal of Appellate Practice and Process, Spring 2012, Vol. 13, No. 1; UALR Bowen School Research Paper No. 13-03. Available at SSRN: https://ssrn.com/abstract=2218569

Philip D. Oliver (Contact Author)

University of Arkansas at Little Rock - William H. Bowen School of Law ( email )

1201 McMath Street
Little Rock, AR 72202
United States

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