How long is the term limit for Supreme Court justices proposed by Biden? How long is it now?

At present, Supreme Court justices are appointed for life, a practice that has been in place since the founding of the United States.

This lifetime tenure allows justices to serve as long as they maintain “good behavior,” which has traditionally meant they can only be removed through impeachment.

However, under President Biden’s proposal, justices would serve a fixed term of 18 years, with a new justice appointed every two years.

This system aims to create a more predictable and equitable nomination process, reducing the arbitrary nature of appointments that can result from political shifts. This has been most prominently shown with the appointment of multiple conservative judges during Donald Trump’s administration, flipping the balance away from the liberal judges and thwarting much of Biden’s legislation.

“We need these reforms to restore trust in the courts, preserve the system of checks and balances that are vital to our democracy,” Biden said on Monday.

Biden’s proposal also includes other reforms, such as establishing a binding ethics code for justices and limiting presidential immunity. These changes aim to address recent controversies surrounding the court and restore public confidence in its impartiality and integrity.

How can this be passed?

Implementing such a change faces significant challenges. Constitutional experts agree that altering the lifetime tenure of Supreme Court justices would require a constitutional amendment.

This process is notoriously difficult, requiring two-thirds approval in both chambers of Congress and ratification by three-fourths of state legislatures.

At present, Republicans control the House and the Senate is split 50-50. And that’s without getting to the state legislatures.