With each passing year, there’s more talk about instituting term limits at the Supreme Court.

We believe it can be done via legislation (i.e., no amendment needed) so long as the text hews to certain processes and principles described below:

1. Create biennial appointments

In all odd-numbered years, and with the advice and consent of the Senate, the President would appoint one justice to the Supreme Court.

Another thought along those lines: It would be prudent for the two available appointments during a President’s four-year term to be made in their first year in office, with one justice being seated right away and the other being seated in Year 3. Given the high chance of the Senate flipping at the end of Year 2, that could lead to a refusal to hold a confirmation vote, which would contradict the whole point of the legislation.

2. Lock in 18-year terms for future justices; exempt the current justices out of the statute

Once a justice who has served on the Supreme Court for 18 years, they will be deemed a justice retired from active service, i.e., a senior justice. They can sit on lower courts, as most senior justices do, or fill in at SCOTUS in the event of an unexpected vacancy.

At the same time, no justice appointed before the date of enactment would be required to retire. We don’t see a constitutional way for any of the current nine to be pushed off the bench. So for a time, the Supreme Court may comprise more than nine justices.

3. Describe a senior justice’s return to the court

When there’s a vacancy due to the death, disability certification or removal of a justice, the retired justice who most recently became a senior justice will return to the Supreme Court quorum until a new biennial appointment is made. If there’s more than one vacancy, senior justices will be seated in reverse order of seniority. (Retired/senior justices’ ability to serve on lower courts is already in federal law.)

4. Change Senate rules so that SCOTUS confirmation votes would be placed at the top of their agenda

This would be modeled on Congressional Review Act process where 30 senators could call for the discharge of a Supreme Court nomination from the Judiciary Committee after 60 days of inaction to compel debate and a vote.