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Duke University's chapel in Durham, N.C. (Photo/AP)
In today’s New York Times, Duke University law professor Paul Carrington wrote an op-ed piece suggesting an age limit for Justices on the U.S. Supreme Court. The U.S. Constitution clearly states that the age of a Justice doesn’t matter; only that he or she upholds “good behavior.” Prof. Carrington believes that the life tenure of Justices “hurts the Supreme Court.”
[O]ur mortal justices… have a right to serve during good behavior, not for life. – Prof. Carrington
Prof. Carrington’s appalling idea is eerily similar to former President Franklin Roosevelt’s flawed and extremely unpopular court-packing plan; the Judiciary Reorganization Bill of 1937.
In the bill, FDR called for an expansion of the federal government by adding more Justices to the Supreme Court. His proposed policy of ageism wanted to add an additional Justice for each current Justice over the age of 70 and six months. Under the bill, the limit of additional Justices that could be added was six.
In his first term, FDR drafted the plan to counter the Supreme Court’s rulings that struck down his numerous New Deal programs. The New Deal was the name given to government programs that hoped to improve the economy during the Great Depression. Many of the programs are still in use today; Social Security, the Tennessee Valley Authority (TVA), and the Federal Deposit Insurance Corporation (FDIC).
In the midst of a first term liberal's Presidency and the economy in shambles, could this country be facing another court-packing plan?
After visiting Prof. Carrington’s personal website, it is obvious that he has left-of-center political views. It is also apparent that he doesn’t like the current membership of the conservative-leaning Court and wants to make it possible for turnover in case the Court rules against President Obama in the future.
With Obama’s new New Deal in place, Prof. Carrington’s flawed idea could be an attempt to chip away at the Constitution and distort the Court.
Sic Semper Tyrannis.
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Comments
Unfortunately, we don't live t be 200. Then we might actually learn something. Thanks for the report, Sean.
Classic checks and balances--lifetime appointments are the judicial branch's primary defense against political bullying.
Has Professor Carrington considered what happens when Justices Stevens, Ginsburg, Scalia, Kennedy, and Breyer (and Souter, come September) all sue for wrong termination? I doubt the remaining Court of three Justices will uphold the mandatory retirements.
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