The Brennan Center, a nonpartisan law and policy institute, renewed its calls for term limits for justices on the US Supreme Court on Tuesday. This follows new revelations about the court’s decision on presidential immunity in the federal government’s criminal trial against former President Donald Trump.
In its newest call for reforms, Michael Waldman, president of the Brennan Center, referenced to a New York Times article revealing confidential deliberations among Supreme Court justices on Trump v. United States and the “appeal to heaven flag” controversy concerning Justice Samuel Alito, who is also a judge on the Trump immunity case.
The article drew attention to Chief Justice John Robert’s decision to reassign the authorship of the opinion in Fischer v. United States — a case linked to the January 6 Capitol insurrection — from Justice Alito. This decision followed news that an upside-down flag had been flown at Alito’s residence after the insurrection at the Capitol. The article further exposed behind-the-scenes negotiations that influenced recent decisions concerning January 6th Attack on the Capitol and former President Trump.
Waldman called the revelations “gobsmacking” and criticized Chief Justice Roberts for his handling of the presidential immunity opinion, which ultimately broadened the definition of official acts and the standard for immunity, effectively “immunized vast areas of potential presidential wrongdoing.”
In August, the Brennan Center released a report advocating for staggered 18-year term limits for Supreme Court justices, arguing that the reforms would “encourage a better-functioning and less politically charged confirmation process.” The institute also argued that staggered term limits would allow each presidential administration to have an equal opportunity to shape the composition of the court, thereby strengthening the court’s connection to the public and ensuring accountability.
A bill proposing term limits for Supreme Court justices was introduced in the Senate in the fall of 2023 but has yet to gain traction. Meanwhile, a poll conducted by the Annenberg Public Policy Center showed that a majority of Americans favor implementing term limits, mandatory retirement, and a formal ethics code for justices.
