(Molly Bruns, Headline USA) Democrats are attempting to pass the Supreme Court Tenure Establishment and Retirement Modernization Act, a twisted piece of legislation that critics contend would subvert the independence of the federal judiciary.
According to The Federalist, this could include packing the court and endangering the separation of powers and individual liberty.
After a streak of conservative victories in the Supreme Court, Democrats introduced the act in an attempt to establish 18-year term limits for Supreme Court justices. After a term was up, a justice would “assume senior status,” which would be a pseudo-retirement that would drastically decrease their caseload, therefore their influence.
To fill the vacancies, the president would appoint a new justice during the first and third years of his term, in an effort to “restore legitimacy and independence to the nation’s highest court.”
Some argue that this would be contrary to the reasoning for the founding of the court, which was created to be the “bulwark” of limited government, operating as a balance to the legislative and executive branches.
The Founding Fathers argued that life tenure for justices on the Court severs “all sense of dependence” between the judiciary and politicians responsible for their commission, and allowing judges to check government excesses without fear for their lives.
The TERM Act would be a move against the founding of the Court, with concern for their future employment swaying reason and undermining the ability for the justices to make clear decisions.
The Act would relegate conservative Justice Clarence Thomas to senior status, allowing President Biden to bring in another leftist activist judge who refuses to define the word “woman” because they “are not a biologist.”
The TERM Act would also effect presidential elections, turning them into contests for control of the Supreme Court.
Because the bill guarantees to Supreme Court nominations per presidential term, candidates could potentially run based on those they would like to nominate for the court.