It’s still long, but it’s an improvement that would remove Thomas and Alito at least.
In theory (and principle), the President being able to appoint a Supreme Court Justice is supposed to be a part of the US Government’s system of checks and balances. In order for the Executive Branch to effectively have a check on the court system, the theory requires the President’s appointees serve a decent amount of time longer than any President could serve. It also plays into the idea that a Supreme Court Justice serves as part of a President’s legacy, and allows that President’s voice to be felt beyond the end of their term.
The problem with this theory is bad actors can get absurdly lucky and appoint three Justices (ie Donald Trump) in a single term to disastrous effect.
In addition to a more robust code of ethics, what Biden is proposing is to (1) create term limits long enough that will still allow the Executive Branch to still have check the judicial system, have a sustained legacy through the court system, but also end lifetime appointments and (2) set up a system where a new justice would be appointed to the supreme court by the serving President every two years (Preventing a situation where Trump gets to appoint three in one term).
This, at least, is the theory Biden and the democrats are working with. It is something everyone should be able to rally behind… but as we all know republicans are hellbent on opposing democrats and known for their hypocrisy.
It’s still long, but it’s an improvement that would remove Thomas and Alito at least.
In theory (and principle), the President being able to appoint a Supreme Court Justice is supposed to be a part of the US Government’s system of checks and balances. In order for the Executive Branch to effectively have a check on the court system, the theory requires the President’s appointees serve a decent amount of time longer than any President could serve. It also plays into the idea that a Supreme Court Justice serves as part of a President’s legacy, and allows that President’s voice to be felt beyond the end of their term.
The problem with this theory is bad actors can get absurdly lucky and appoint three Justices (ie Donald Trump) in a single term to disastrous effect.
In addition to a more robust code of ethics, what Biden is proposing is to (1) create term limits long enough that will still allow the Executive Branch to still have check the judicial system, have a sustained legacy through the court system, but also end lifetime appointments and (2) set up a system where a new justice would be appointed to the supreme court by the serving President every two years (Preventing a situation where Trump gets to appoint three in one term).
This, at least, is the theory Biden and the democrats are working with. It is something everyone should be able to rally behind… but as we all know republicans are hellbent on opposing democrats and known for their hypocrisy.