Reform Through Resignation: Why Chief Justice Roberts Should Resign (in 2023)

Abstract

Many proponents of reforming the Supreme Court have expressed support for adopting a system of eighteen-year staggered term limits. These proposals, however, are hobbled by constitutional constraints: Amending the Constitution to implement term limits is highly implausible and implementing term limits through statute is likely unconstitutional. This Essay offers an approach to implementing term limits that avoids these constitutional constraints. Just as President Washington was able to establish a de facto Presidential term limit by not seeking a third term in office, Chief Justice Roberts is uniquely positioned to establish a new norm of serving eighteen-year terms on the Court. As this Essay will explain, the Chief Justice’s well-timed resignation presents the most plausible path to Supreme Court term limits.

Keywords: Court Reform, Supreme Court, SCOTUS, Chief Justice Roberts, John Roberts, Term limit, term limits, norms

JEL Classification: K40, K49