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Should Supreme Court justices serve 18-year terms instead of life?

The Supreme Court Term Limits and Regular Appointments Act (H.R. 1074) would establish 18-year active terms for Supreme Court justices, with a new appointment every two years; senior justices would rotate to a limited role rather than leave the bench, which sponsors argue makes the change possible by statute rather than constitutional amendment. The bill is sponsored only by Democrats - Senate Democrats reintroduced a companion in July 2026 - and has drawn no Republican support. Supporters say staggered terms would lower the stakes of each confirmation; opponents say the Constitution's grant of tenure "during good Behaviour" means life tenure that only a constitutional amendment can change. Where do you stand?

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The case for

Reform advocates argue staggered 18-year terms would give every president the same number of appointments, end the randomness of death-and-retirement timing, lower the temperature of confirmation wars, and align the Court with the historical norm of much shorter tenures.

Source: Brennan Center

The case against

Opponents argue the Constitution's grant of tenure "during good Behaviour" has always been understood to mean life tenure, so statutory term limits would likely be struck down - or trigger a legitimacy crisis if justices refused to comply; that rotating justices to "senior" status invites manipulation of who hears which cases; and that guaranteeing an appointment every two years would make the Court a permanent campaign issue, deepening the politicization reformers hope to cure.

Source: First Liberty Institute

My Democracy doesn’t take a side — you choose your position below, and your message carries it. Sources represent one organization on each side; they don’t reflect My Democracy’s position.

This campaign is about this bill

H.R. 1074: Supreme Court Term Limits and Regular Appointments Act of 2025

What it does

Supreme Court Term Limits and Regular Appointments Act of 2025This bill establishes staggered, 18-year terms for Supreme Court Justices and limits the Senate's advice and consent authority in relation to the appointment of Justices.Specifically, the bill requires the President to appoint a Supreme Court Justice every two years. If the appointment of a Justice would result in more than nine Justices on the Court, then the nine most junior Justices shall make up the panel of Justices exercising judicial power in cases and controversies. Further, any Justice who has served a total of 18 years is

Sponsor: Rep. Khanna, Ro [D-CA-17] (D-CA)Cosponsors: 8

Latest action: Referred to the House Committee on the Judiciary. (Feb 6, 2025)

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What’s your position?

Both sides are laid out above. Your message will carry your position — My Democracy doesn’t take a side.