Democratic Push for Supreme Court Term Limits

Confidence in the Supreme Court fell to 22 percent in an NBC News survey. After Trump appointed Gorsuch, Kavanaugh and Barrett, the Court holds a 6-to-3 conservative majority. Recent rulings on abortion, immunity, agency power, admissions and gun rights, and ethics issues, have heightened partisanship concerns.

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Democrats have filed two bills to replace lifetime tenure with 18-year terms. Rep. Ro Khanna (D-CA) proposes 18-year service; Rep. Hank Johnson (D-GA) adds an 18-year active term followed by senior status, supported by dozens of cosponsors. Both seek two-year appointment cycles.

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Polls show strong backing for term limits. A July 2024 Fox News poll found 78 percent support for 18-year limits, up from 66 percent in 2022, and 45 percent view the court as too conservative. A May 2026 Marquette poll showed 73 percent Republican, 71 percent independent and 87 percent Democratic approval. Additionally, 61 percent say the court “almost always” sides with former President Trump, while confidence sits at 22 percent.

Newsweek

Democrats argue term limits would modernize the judiciary and curb partisan appointment battles. Republicans contend limits would erode judicial independence and amount to an abuse of power, noting the constitutional hurdle of a supermajority amendment. Chief Justice John Roberts says life tenure and salary protection safeguard independence and provide a counter-majoritarian check.

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Senator Mike Lee (R-UT) called the proposals a “naked abuse of power” threatening judicial independence. Senate Minority Leader John Cornyn (R-TX) warned Democrats would “hijack the federal judiciary.” Republicans show little interest, and a Trump veto is expected if the bills advance.

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Legal scholars disagree on whether Congress can impose term limits without a constitutional amendment. The proposals also face hurdles: Republican-controlled Congress and the supermajority and state-ratification thresholds required for an amendment. No clear timetable exists.

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• “We should bring my bill to the floor for a vote. This Court has lost all moral authority,” — Ro Khanna, U.S. Representative (D-CA)

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• “impose term limits would be a naked abuse of power, a violation of an independent judiciary, and a far greater threat to constitutional government than any so-called ‘norms’ breaking they’ve whined about for the past decade.” — Mike Lee, U.S. Senator (R-UT)

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• “safeguard the independence of federal judges and ensure their ability to serve as a counter-majoritarian check on the political branches.” — John Roberts, Chief Justice of the United States

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• “We will not allow Democrats to hijack the federal judiciary for their own partisan benefit,” — John Cornyn, Senate Minority Leader (R-TX)

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The term-limit debate is expected to remain a fixture of the Democratic judiciary agenda. Midterm elections could shift congressional majorities, potentially enabling legislative action, but any reform would still confront the supermajority thresholds for a constitutional amendment and a probable presidential veto.

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