House of Representatives member Ro Khanna (CA-17) will allegedly introduce a measure that would establish 18-year term limits on any Supreme Court Justice approved after the bill’s passage.
This may be one of the most incomprehensible bills I have ever seen.
Here is the text of the bill.
In short, the proposed bill purports to authorize the dismissal of Supreme Court judges after 18 years of service relegating them to inferior courts and further demands that every President have an undeniable right to appoint two Supreme Court judges during his or her term no matter how many judges are on the bench.
With regard to the automatic appointment here is what the bill says. “The President shall, during the first and third years after a year in which there is a Presidential election, nominate, and by and with the advice and consent of the Senate, appoint one Justice of the Supreme Court.”
How can the President automatically nominate a Supreme Court judge to a position which another judge already holds? Article III, Section 1 of the US Constitution states that “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”
If the Democrats want to amend the Constitution let them try. This end around doesn’t fly.