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I heard this floated and think it's a real possibility for proposed legislation by the Biden Supreme Court Commission.
Basically the idea is a law that would put Supreme Court Justices on "senior status" at a certain age. At that point they would only hear cases if there was a vacancy on the court, a justice was too ill to hear the case or a justice had to recuse. This would keep the number of active justices at 9 while removing the old guys (or gals) to a very limited role while keeping their Constitutionally mandated life appointments.
How would this work? Lets say Congress mandated a judge go to Senior Status at 75. This would give Biden two appointments at least while he's President. Breyer would go immediately and Thomas would go in June, 2023. They'd still be on the court they just wouldn't have much to do. Of course to get a real radical to replace Thomas the Dems would have to retain control of the Senate. Then there's always the possibility of Senior Status younger, lets say 70. Expanded to the whole judiciary this would open up a heck of a lot of room for Biden appointees.
Don't be surprised if some sort of similar idea doesn't show up and advertised as a sort of back door term limitation. It sounds "reasonable" would probably pass and result in at least a couple of more Dem Supreme Court Justices.
Basically the idea is a law that would put Supreme Court Justices on "senior status" at a certain age. At that point they would only hear cases if there was a vacancy on the court, a justice was too ill to hear the case or a justice had to recuse. This would keep the number of active justices at 9 while removing the old guys (or gals) to a very limited role while keeping their Constitutionally mandated life appointments.
How would this work? Lets say Congress mandated a judge go to Senior Status at 75. This would give Biden two appointments at least while he's President. Breyer would go immediately and Thomas would go in June, 2023. They'd still be on the court they just wouldn't have much to do. Of course to get a real radical to replace Thomas the Dems would have to retain control of the Senate. Then there's always the possibility of Senior Status younger, lets say 70. Expanded to the whole judiciary this would open up a heck of a lot of room for Biden appointees.
Don't be surprised if some sort of similar idea doesn't show up and advertised as a sort of back door term limitation. It sounds "reasonable" would probably pass and result in at least a couple of more Dem Supreme Court Justices.
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