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Term limits and National elections for Supreme Court Justices? Your opinions please. nt (Original Post) clarice Feb 2014 OP
No judge or justice should ever be elected. Nye Bevan Feb 2014 #1
+ struggle4progress Feb 2014 #71
Not an idea I would support. hack89 Feb 2014 #2
Thank you for your kind words. nt clarice Feb 2014 #8
Nothing personal. I will change my post. nt hack89 Feb 2014 #9
LOL...I was kidding...it's all good ! nt clarice Feb 2014 #26
No...and neither do I.... clarice Feb 2014 #14
This message was self-deleted by its author Th1onein Feb 2014 #77
As much as I love politics, I want my judges to be non-partisan. joeglow3 Feb 2014 #3
With all respect..... clarice Feb 2014 #37
Exactly my point joeglow3 Feb 2014 #64
elected judges? Always a bad idea. bowens43 Feb 2014 #4
No to both. MineralMan Feb 2014 #5
They should last only as long as the President who appoints them is in office. Autumn Feb 2014 #6
Wow joeglow3 Feb 2014 #13
What? You think this supreme court has done well? Autumn Feb 2014 #18
My point exactly !!! Thanks. nt clarice Feb 2014 #22
All of them? onenote Feb 2014 #55
The ones that were there did well enough seeing as how Chimpy Autumn Feb 2014 #68
And I have heard people on the right say the EXACT SAME THING joeglow3 Feb 2014 #66
You think they did their job in 2000?? Autumn Feb 2014 #67
Probably not, but I have heard many on the left say they did a great job in 1973 joeglow3 Feb 2014 #73
What pissed you off in 73? Autumn Feb 2014 #75
Where did I say something pissed me off in 1973? joeglow3 Feb 2014 #80
You've mentioned 73 in 2 posts so I figured it meant something to you, Autumn Feb 2014 #82
How so? nt clarice Feb 2014 #19
If you completely removed the Supreme Court with each new president? joeglow3 Feb 2014 #65
Absolutely not. NuclearDem Feb 2014 #7
This ^ Adsos Letter Feb 2014 #51
A one-term limit of 20 years or so, maybe. But direct election? No. And make them Vincardog Feb 2014 #76
+100%. I was going to post the exact same thing! :) reformist2 Feb 2014 #79
I was thinking more along these lines... clarice Feb 2014 #10
Then the same should be applied to the executive and legislative branches of govt. smokey775 Feb 2014 #16
BINGO !!!! nt clarice Feb 2014 #24
Well, land-owning white males at least. NuclearDem Feb 2014 #40
Thanks for the reality check. GeorgeGist Feb 2014 #69
Excuse me but Washington was the richest man in the colonies. The founding FATHERS wanted Vincardog Mar 2014 #84
One should prefer a legal environment that doesn't vary with the winds struggle4progress Feb 2014 #72
Bad idea. smokey775 Feb 2014 #11
No. That would be a nightmare for us. hrmjustin Feb 2014 #12
Why do you think so? nt clarice Feb 2014 #15
I think social conservatives would be more motivated to get out the vote and we could hrmjustin Feb 2014 #21
I'm not so sure of that. We have been doing a good job of getting out the voters. nt clarice Feb 2014 #23
Personally I would rather not take the chance. hrmjustin Feb 2014 #25
I can see your point. nt clarice Feb 2014 #35
Do you mean like in 2010? YarnAddict Feb 2014 #46
No. Heck No. Hell No. Fuck No. cali Feb 2014 #17
Shouldn't Judges reflect the the will of the people under their jurisdiction? clarice Feb 2014 #20
The point of a republican (lower case r) government is to provide protections NuclearDem Feb 2014 #27
Good point. nt clarice Feb 2014 #31
No, they should reflect the will of the constitution. smokey775 Feb 2014 #29
Yup. nt clarice Feb 2014 #34
no. not even close. good grief. cali Feb 2014 #30
I'm not sure where you're coming from on this. Deep Breath. nt clarice Feb 2014 #32
I don't need a deep breath. Here's where I'm coming from: cali Feb 2014 #42
I'm not sure that it IS preferable...I was just wanting others opinions. NT clarice Feb 2014 #44
No. onenote Feb 2014 #58
No, the reason for it was so they could stay independent treestar Feb 2014 #28
Both are bad ideas. n/t Laelth Feb 2014 #33
So, staying under the current system, we are stuck with someone like C. Thomas forever !!! nt clarice Feb 2014 #36
Well, just until he retires or dies in office. smokey775 Feb 2014 #38
I think then, that my point is made. nt clarice Feb 2014 #39
If your point is that the Warren court, which was quite unpopular onenote Feb 2014 #60
Stuck? Yes, stuck with the great ones also....... suston96 Feb 2014 #45
We, the People at least fredamae Feb 2014 #41
Thank you. nt clarice Feb 2014 #43
And take the chance that a TeaBagger would be elected to the court? OregonBlue Feb 2014 #47
With judicial appointments, a citizen can at least pretend that a nominee was chosen on merit. Aristus Feb 2014 #48
With massive infusions of Corp. money thanks to Citizens United. smokey775 Feb 2014 #49
National Elections, hell no. Term Limits, absolutely. MicaelS Feb 2014 #50
Well if you want to open up interpretation of the constitution upaloopa Feb 2014 #52
My point exactly. smokey775 Feb 2014 #53
No and no. Bad idea for SC elections. Term limits already exist as elections. n/t FSogol Feb 2014 #54
Opposed to both badtoworse Feb 2014 #56
Term Limits, yes. enlightenment Feb 2014 #57
I'd like to see them limited to one 18 year term SwankyXomb Feb 2014 #59
I agree. nt clarice Feb 2014 #61
No. HereSince1628 Feb 2014 #62
We have term limits for various political offices in California. JDPriestly Feb 2014 #63
Ridiculous idea. They are already partisan enough. Pretzel_Warrior Feb 2014 #70
No. Spider Jerusalem Feb 2014 #74
Why? So the Koch brothers and Sheldon Adelson can buy them too? Hell no.... Rowdyboy Feb 2014 #78
There is no way customerserviceguy Feb 2014 #81
I like it the way it is. Calista241 Mar 2014 #83
No, emphatically. That's all we need, corporate money buying the fucking Supreme Court. eom TransitJohn Mar 2014 #85
Horrible idea. Lizzie Poppet Mar 2014 #86

Nye Bevan

(25,406 posts)
1. No judge or justice should ever be elected.
Fri Feb 28, 2014, 11:29 AM
Feb 2014

What justice facing a re-election battle is ever going to release a criminal who is probably guilty but was only convicted because of (for example) an illegal police search?

 

clarice

(5,504 posts)
14. No...and neither do I....
Fri Feb 28, 2014, 11:42 AM
Feb 2014

I was just thinking that a body like the Supreme Court, which makes direct, life altering decisions
should have some accountability to the people that they govern.

Response to hack89 (Reply #2)

 

joeglow3

(6,228 posts)
64. Exactly my point
Fri Feb 28, 2014, 01:17 PM
Feb 2014

With a couple layers removed from the people's elections, look at how they are. It would be much worse if they were directly elected.

MineralMan

(146,350 posts)
5. No to both.
Fri Feb 28, 2014, 11:33 AM
Feb 2014

The Federal court system was designed to be an independent part of our three-part system of government. The concept was for this independent branch of government to bridge partisan politics over time with long terms and a two-part appointment process involving the Executive and Legislative branches.

Any dilution of that independence would make the system just one more political body. There's no way to eliminate some politics from being a part of the judicial branch, but the lifetime terms and two-part appointment system works about as well as it can.

No changes will occur, and shouldn't.

Autumn

(45,120 posts)
6. They should last only as long as the President who appoints them is in office.
Fri Feb 28, 2014, 11:34 AM
Feb 2014

Then kick their asses to the curb.

Autumn

(45,120 posts)
18. What? You think this supreme court has done well?
Fri Feb 28, 2014, 11:43 AM
Feb 2014

They should have been impeached and disbanded in 2000.

Autumn

(45,120 posts)
68. The ones that were there did well enough seeing as how Chimpy
Fri Feb 28, 2014, 01:31 PM
Feb 2014

had not appointed a single one. Really.

 

joeglow3

(6,228 posts)
66. And I have heard people on the right say the EXACT SAME THING
Fri Feb 28, 2014, 01:21 PM
Feb 2014

Except, change the year to 1973.

Frankly, a Supreme Court that is doing their job is bound to piss people all over the political spectrum off.

Autumn

(45,120 posts)
67. You think they did their job in 2000??
Fri Feb 28, 2014, 01:30 PM
Feb 2014
Cause I have heard people on the RIGHT say they did a great job.
 

joeglow3

(6,228 posts)
73. Probably not, but I have heard many on the left say they did a great job in 1973
Fri Feb 28, 2014, 02:19 PM
Feb 2014

myself included.

Autumn

(45,120 posts)
82. You've mentioned 73 in 2 posts so I figured it meant something to you,
Fri Feb 28, 2014, 11:43 PM
Feb 2014

since it means nothing to me. The crap they pulled in 2000 is IMO unforgivable.

 

joeglow3

(6,228 posts)
65. If you completely removed the Supreme Court with each new president?
Fri Feb 28, 2014, 01:19 PM
Feb 2014

You honestly have to ask this question? What do you think 8 years of Shrub apointees would have done to our country?

 

NuclearDem

(16,184 posts)
7. Absolutely not.
Fri Feb 28, 2014, 11:36 AM
Feb 2014

The last thing we need is an avenue for special interests to so directly influence SCOTUS.

A one-term limit of 20 years or so, maybe. But direct election? No.

Vincardog

(20,234 posts)
76. A one-term limit of 20 years or so, maybe. But direct election? No. And make them
Fri Feb 28, 2014, 08:03 PM
Feb 2014

have the same ethics rules as every other federal judge,
Lunch with Chennnney and you are recused from his case.

 

clarice

(5,504 posts)
10. I was thinking more along these lines...
Fri Feb 28, 2014, 11:39 AM
Feb 2014

re: Term Limits.
As "The American Experience" is constantly evolving. Why would we want
anyone who's been in the same job for 30 years? It's not like they are appointed Kings...or is it?

 

smokey775

(228 posts)
16. Then the same should be applied to the executive and legislative branches of govt.
Fri Feb 28, 2014, 11:43 AM
Feb 2014

especially the legislative branch, there are Senators and Representatives who have made careers of this and that isn't what our founding fathers wanted, they wanted every citizen to have a chance to serve in govt, rich or poor, which certainly isn't the case now.

GeorgeGist

(25,326 posts)
69. Thanks for the reality check.
Fri Feb 28, 2014, 01:35 PM
Feb 2014

For the most part the Founding Fathers were a bunch of rich white guys. Who were opposed to paying taxes.

Vincardog

(20,234 posts)
84. Excuse me but Washington was the richest man in the colonies. The founding FATHERS wanted
Sat Mar 1, 2014, 05:41 PM
Mar 2014

Landed white males who could afford to give up their income to serve.
They looked at is as a DUTY to their country and a hardship.

 

smokey775

(228 posts)
11. Bad idea.
Fri Feb 28, 2014, 11:40 AM
Feb 2014

We don't want our judicial branch of government politicized, it was designed by the founding fathers to be an independent arm of the executive and legislative branches of govt.

 

hrmjustin

(71,265 posts)
21. I think social conservatives would be more motivated to get out the vote and we could
Fri Feb 28, 2014, 11:46 AM
Feb 2014

have a more conservative court. As for a limited term I think that can be a good debate.

 

NuclearDem

(16,184 posts)
27. The point of a republican (lower case r) government is to provide protections
Fri Feb 28, 2014, 11:50 AM
Feb 2014

against the tyranny of the majority. As bad as the court has been in recent years, opening it up to direct election just makes it worse.

 

smokey775

(228 posts)
29. No, they should reflect the will of the constitution.
Fri Feb 28, 2014, 11:50 AM
Feb 2014

Suppose a judge in a conservative state were to rule that Roe v Wade didn't reflect the will of their constituents?
See the problem?

 

cali

(114,904 posts)
30. no. not even close. good grief.
Fri Feb 28, 2014, 11:50 AM
Feb 2014

really? so judges should have upheld Jim Crow laws. Yeah, right.

 

cali

(114,904 posts)
42. I don't need a deep breath. Here's where I'm coming from:
Fri Feb 28, 2014, 12:01 PM
Feb 2014

I'm challenging your rhetorical question about judges reflecting the will of the majority- which is exactly what they shouldn't do.

Electing judges at all is a very bad idea indeed. You seem to have trouble accepting that but you don't seem to articulate an argument on why electing Justices would be preferable.

onenote

(42,829 posts)
58. No.
Fri Feb 28, 2014, 12:59 PM
Feb 2014

Judges shouldn't judge based on the way the political winds are blowing at any particular moment.

treestar

(82,383 posts)
28. No, the reason for it was so they could stay independent
Fri Feb 28, 2014, 11:50 AM
Feb 2014

There are examples of justices who made more liberal decisions than expected, because they were analyzing the law.

I like the idea upthread of limiting them in time, to an age, say 75.

onenote

(42,829 posts)
60. If your point is that the Warren court, which was quite unpopular
Fri Feb 28, 2014, 01:03 PM
Feb 2014

should have been driven from office, then your point is made.

Conservatives hated William O. Douglas, who served longer than any other SCOTUS justice. They weren't all that pleased with Justice Stevens, who is another one of the 14 Justices who served more than 30 years. If Stevens had been forced to step down upon completing 30 years of service, his replacement would have been nominated by GWBush rather than Obama.

suston96

(4,175 posts)
45. Stuck? Yes, stuck with the great ones also.......
Fri Feb 28, 2014, 12:04 PM
Feb 2014

However, justices should serve for a limited time. 20 years?

Term limits for elected officials is an insidious, self-inflicted surrender of the power of the right to vote.

Repeal the Twenty Second Amendment, which was passed by a Republican congress and ratified quickly by Republican legislatures.

It was a vengeful assault on the memory of Franklin Delano Roosevelt.

fredamae

(4,458 posts)
41. We, the People at least
Fri Feb 28, 2014, 12:00 PM
Feb 2014

need a "remove them from office clause" so when they are deciding on cases that even the Public can recognize as a conflict of interest--so.........when they Refuse to Recuse-We are not Powerless
We clearly have a very big problem with several currently serving and We, the People have No control over these "masters".
They're essentially writing law--not good and they seem at times as if they would even over-ride Congress.
It is My understanding that SCOTUS is "supposed" to be the Weakest branch--not the Lords over us all. And right now--the majority, imo--is "Lording" over us all.

OregonBlue

(7,755 posts)
47. And take the chance that a TeaBagger would be elected to the court?
Fri Feb 28, 2014, 12:17 PM
Feb 2014

The billionaire oligarchs would go all out to elect pro-corporate judges. Very bad idea.

Aristus

(66,520 posts)
48. With judicial appointments, a citizen can at least pretend that a nominee was chosen on merit.
Fri Feb 28, 2014, 12:20 PM
Feb 2014

With judicial elections, it becomes nothing more than a popularity contest.

MicaelS

(8,747 posts)
50. National Elections, hell no. Term Limits, absolutely.
Fri Feb 28, 2014, 12:38 PM
Feb 2014

I don't have a problem at the Local or State Level with Judges being elected, we do that in Texas, but not at the Federal Level.

If it were up to me, all Federal Judicial appointments (District Courts, Bankruptcy Courts, Court of Appeals, SCOTUS) would be for a 25 year term. The term would not be renewable for that particular appointment, but the clock would start over if they are promoted to a higher position in the Federal Judicial System. So if a person becomes an Associate Justice of the Court, they get a 25 year term. At the end of that time, they retire with a Federal Pension. But, after a period as an Associate Justice, they get chosen to be Chief Justice, then the clock starts over. However, no person would be permitted to serve more than a total of 40 years, even if they were appointed to several positions.

So, it would go like this:

Jane Doe gets appointed by President Smith to be a District Court Judge. She serves 8 years. Then she gets promoted to a Court of Appeals. She serves 12 years. She then gets promoted to be an Associate Justice of SCOTUS. Even though the term is for 25 years, she can only serve 20 years because she already served 20 years. After 10 years, she get chosen to be Chief Justice. The term for that is 25 years, but she could only serve 10 years as Chief. At the end of her 40 years, she has to retire. She can't serve as a Judge or Justice anywhere in the US at any level. She gets full Federal pension and benefits.

upaloopa

(11,417 posts)
52. Well if you want to open up interpretation of the constitution
Fri Feb 28, 2014, 12:40 PM
Feb 2014

to popular vote what happens to protecting us from the tyranny of the masses?

 

smokey775

(228 posts)
53. My point exactly.
Fri Feb 28, 2014, 12:43 PM
Feb 2014

Thank you.

We would end up with a mish mash of rulings from district to district.

enlightenment

(8,830 posts)
57. Term Limits, yes.
Fri Feb 28, 2014, 12:52 PM
Feb 2014

Elections, no.

I live in a state that elects all its public officials and it's not a good idea. The general populace knows little about the politicians they elect - they know even less about the judges. Most admit that when it comes time to elect judges (and this is all the way down to the lowest court), they devise some sort of weird rubric: "this time I'll only pick a woman" or "hmm - eight seats open - each has five candidates . . . I know, I'll subtract five from eight and pick the third candidate for each seat".

SwankyXomb

(2,030 posts)
59. I'd like to see them limited to one 18 year term
Fri Feb 28, 2014, 01:02 PM
Feb 2014

That allows them plenty of time to make a judicial mark, and allows each new Congress to approve one Justice.
In the case of death or retirement, an interim justice would be appointed. If they serve less than half a term,
they would be eligible for another one, similar to the 22nd Amendment.

HereSince1628

(36,063 posts)
62. No.
Fri Feb 28, 2014, 01:08 PM
Feb 2014

Yes, SCOTUS isn't leaning as I might like right now, but no, definitely no elections.

SC Justices always needing to serve their donors and needing to satisfy popular extremism is not something I want to see.

You'd have Wisconsin ... with one judge trying to strangle another just to please a putsch.



JDPriestly

(57,936 posts)
63. We have term limits for various political offices in California.
Fri Feb 28, 2014, 01:12 PM
Feb 2014

I don't think it has improved things. It just means that the politicians get into office, spend a couple of years at least learning the ropes. (During that time, the senior politicians pretty much run the show and do what they want. The fledglings just go along.) Just as they are beginning to get their feet wet, they have to start looking for a new job. That usually takes a big portion of their attention just when they could be most effective.

Plus, on the negative side, you get politicians playing political musical chairs.

On the other hand, you get more new ideas in your government if you have term limits.

That we now have a Democratic governor and majority in the legislature is great for California. Jerry Brown has been able to solve a lot of problems because he has the cooperation of the legislature. I hope we keep our Democratic government in California.

The term limits encourage even more corruption because of the pressure on office-holders to be constantly on the lookout for their next job opportunity. Term limits would be horrible at the federal level.

 

Spider Jerusalem

(21,786 posts)
74. No.
Fri Feb 28, 2014, 02:31 PM
Feb 2014

An elected judiciary is a bad idea, as are term limits. Age limits, sure. Mandatory retirement at 70 or 75 would be a good idea--how many US Supreme Court justices have been effectively incapacitated or absent from the bench because of illness or declining mental capacities, but haven't retired?

Rowdyboy

(22,057 posts)
78. Why? So the Koch brothers and Sheldon Adelson can buy them too? Hell no....
Fri Feb 28, 2014, 09:21 PM
Feb 2014

I'd rather take my chances with the current system. Demographics should mean more Democratic presidents nominating more judges in the next twenty years.

And a twenty year "term limit" would have cost us the last 16 years of William O Douglas' service. I don't support term limits for anyone, ever.

customerserviceguy

(25,183 posts)
81. There is no way
Fri Feb 28, 2014, 10:35 PM
Feb 2014

that an amendment to the Constitution could be passed that would effectuate either thing. We've certainly had enough controversies over the SCOTUS in the last couple of centuries to possibly engender such change, and no one has even come close to mounting something that could pass even one house of Congress.

It ain't gonna happen, so opinions on it are worthless.

Calista241

(5,586 posts)
83. I like it the way it is.
Sat Mar 1, 2014, 02:12 AM
Mar 2014

Everyone remembers the bad shit that goes down, but nobody remembers that this SC repealed DOMA and approved the ACA, just to name two.

 

Lizzie Poppet

(10,164 posts)
86. Horrible idea.
Sat Mar 1, 2014, 05:44 PM
Mar 2014

Take our already over-politicized SCOTUS and drag it fully into our grotesquely broken political system? Um...no.

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