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
23 Pages Posted: 16 Feb 2013 Last revised: 19 Feb 2013
Date Written: 2012
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
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