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Take MSNBC Poll: "Should Supreme Court Justices Be Appointed To Life Terms?"

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Dinger Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 12:41 PM
Original message
Take MSNBC Poll: "Should Supreme Court Justices Be Appointed To Life Terms?"
Edited on Fri May-01-09 12:42 PM by Dinger
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TechBear_Seattle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 12:45 PM
Response to Original message
1. Yes
The alternative would allow Presidents to rearrange the Court to their liking (Bush, anyone? Hello?) Judges would be forced to kowtow to the Executive Branch and issue ruling in accord with current policy regardless of the law, thus destroying the last vestige of checks and balances in the federal government.
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jobycom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 12:54 PM
Response to Original message
2. They aren't now. They serve on "good behavior."
There is enough leeway to remove them if there is a problem.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 04:57 PM
Response to Reply #2
11. Fact is, only 8 were ever impeached in the 20th Century
despite the fact that there have been an exponetially greater number of problems.

Not really a very good remedy for poor conduct on the bench.
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jobycom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 06:48 PM
Response to Reply #11
15. The option is there, whether it is used often or not. nt
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 07:14 PM
Response to Reply #15
17. Trouble is that it's a political remedy
for what ought to be looked to as objective judicial conduct.
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jobycom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 10:43 PM
Response to Reply #17
19. You'll never get politics out of politics.
Term limits just give politicians more chances to affect the Court. Making it easier to remove a Justice does, too. Any flaw in the open-ended terms for SCOTUS Justices is outweighed by the certainty of abuse of any system putting politicians in greater control of them.

As far as "objective judicial conduct," I'd love to see more of it, and would welcome any system that could actively promote it. I just think we've got about the best chance at it with the current system, unless we had some way for Justices to be appointed by independent legal scholars. Even then, someone would have to choose the legal scholars, so the plan would probably backfire.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 11:10 PM
Response to Reply #19
20. You surely won't
and you make excellent points.

State Bar disciplinary committees haven't exactly proven to be paragons of objective virue.

Nor are retirement ages always "for the best."

Justice Michael Kirby of the High Court of Australia stepped down at age 70- and yet, even among opponents, he is known- even honored for his integrity and contributions to new members of the Bar- and to society.

Should he have to have retired?

I guess my thoughts on that are that there comes a time (and it might have to be set arbitrarily) -when it's best to pass the torch along.





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Skink Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 12:56 PM
Response to Original message
3. If Obama gets to appoint them then yeah.
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Phx_Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 02:49 PM
Response to Reply #3
5. lol
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high density Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 01:00 PM
Response to Original message
4. Depends on who is doing the appointing NM
:)
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ecstatic Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 02:53 PM
Response to Original message
6. Yes. We can discuss switching that policy next time a repub is in
office. But let's cancel all of that talk for now. Hopefully, Pres. Obama will be responsible for choosing 4 of the 7 justices :)
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old mark Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 02:55 PM
Response to Original message
7. I don't remember seeing this question when the 'publicans were in office
I bet they start talking about term limits again, too.

Cry a little more GOP - I love to hear it.

mark
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WinkyDink Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 03:27 PM
Response to Reply #7
9. Exactly. Next up: Should Presidents have only 4-years max?
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old mark Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 04:50 PM
Response to Reply #9
10. But only Democrat presidents.......nt
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tritsofme Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 05:12 PM
Response to Reply #7
14. Funny, I remember hearing this question pretty much every time there is a SCOTUS vacancy.
A few of the first articles I found from Google:

From 2005
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/05/AR2005080501999_2.html
http://www.opinionjournal.com/diary/?id=110007012
http://www.opinionjournal.com/diary/?id=110007012

From 1990
http://www.nytimes.com/1990/10/05/opinion/l-supreme-court-shouldn-t-be-lifetime-job-101090.html

I always do remember however, partisans claiming there are ulterior motives to the discussion of term limits for judges, but only when they are in power...
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Political Heretic Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 02:56 PM
Response to Original message
8. Yes, with appropriate options for removal if they abuse their position.
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The Velveteen Ocelot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 04:59 PM
Response to Original message
12. Since the Constitution specifically provides for life terms,
I'm not sure what the point of this poll is.
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bigwillq Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 05:07 PM
Response to Original message
13. I voted for fixed terms.
I also favor term limits for all politicans...like six, six-year terms for Senators and 15 two-year terms for House members, something to that extent. I am not in favor for career politicians.
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KittyWampus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 06:52 PM
Response to Original message
16. Absolutely not. It is reprehensible that anyone would say yes at this point. The objective
in life term was to insure that they couldn't be ousted for political reasons in a day when people didn't live as long as we do now.

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Undercurrent Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 07:36 PM
Response to Original message
18. Not sure why the question is even asked
just follow the Constitution. Apparently most people either don't know that, or they don't understand what is required to change the Constitution.
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