Who Said Supreme Court For Life?
According to common knowledge a Supreme Court Justice is appointed for life. The question becomes who decided that?
The obvious answer would be our founding fathers who wanted to assure the Judiciary was kept out of the constant turmoil of politics so they put it in the Constitution. Oops, incorrect.
Article III states, “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”
Note the part that says, “shall hold their Offices during good Behavior…” It does not say for life and in fairness since it does not set a term limit, one can infer serving for life. The kicker is the good behavior part!
Until recently, one might think this has never been an issue, but alas, it became an issue in 1804 when the House impeached Samuel Chase. Although acquitted by the Senate in 1806 and he continued to serve, the reason for the impeachment is interesting. “He was charged with misconduct and political bias, largely due to his Federalist sympathies and his decisions during trials.” Oops, sound familiar?
Clarence Thomas, the master of non-reporting of gifts, and Samuel Alito, the master of deflection, both fit the charges leveled at Samuel Chase. Let’s just change a couple of words here and charge them with “misconduct and political bias, largely due to Republican sympathies and their decisions during trials.” One might want to add cowardice, even though that is not misconduct, as they both blamed their wives for things they obviously had a part in.
The Supreme Court does have a code of ethics but it seems it is being ignored. If they cannot monitor themselves then Congress or the President must step in. It is interesting that the code of conduct was only put in place in 2023 due to pressure regarding- yep you guessed it- Thomas and Alito. Both of whom have accepted an amazing amount of “gifts” since they became justices.
So I am in agreement with Alexandria Ocasio-Cortez and believe it is time to impeach Thomas and Alito. They both fit the precedent set by the House in 1804.
As for term limits, to get that added to the Constitution would be a mass undertaking with little chance of success given the current political scene, But, let us remember “appointed for life” is not a fact, it is a concept impeachment can rectify.