Law Commons^™

Term Limits And Turmoil: Roe V. Wade's Whiplash, Suzanna Sherry, Christopher Sundby

Vanderbilt Law School Faculty Publications

A fixed eighteen-year term for Supreme Court Justices has become a popular proposal with both academics and the general public as a possible solution to the countermajoritarian difficulty and as a means for depoliticizing the confirmation process. While scholars have extensively examined the potential benefits of term limits, the potential costs have been underexplored. We focus on one cost: the possible effects of term limits on doctrinal stability. Using seven statistical models that measure potential fluctuation in Supreme Court support for Roe v. Wade had the Court been operating under term limits since 1973, we explore the level of constitutional …

The Risks Of Supreme Court Term Limits, Suzanna Sherry, Christopher Sundby

Vanderbilt Law School Faculty Publications

Should we impose term limits on Supreme Court justices? Many people, of varying political views, have suggested that we should. They argue that requiring justices to step down after a fixed term – the most common suggestion is 18 years – would give all presidents an equal opportunity to nominate justices, depoliticize the confirmation process and ensure that the Supreme Court is never too far out of step with the views of the American public.

Whether adopting term limits would accomplish all of these goals is, of course, disputed. But is there any reason not to try it? In “Term …