9/20/2020 Proposed Constitutional Amendment re SCOTUS Justices, Nominees, and the Confirmation Process

 

U.S. Supreme Court Building, Washington, D.C.

I propose a Constitutional Amendment permanently setting the Supreme Court at nine (9) Justices (maximum) as a fixed number. The amendment would also eliminate lifetime appointments and instead set a 25 year maximum tenure on the SCOTUS, and further, establish a minimum age of 35 (same as POTUS), a maximum age for new appointees (65 or 70) and a maximum age for Justices sitting on the bench of 80 that requires all Justices to retire before their 81st birthday, exempting all sitting SCOTUS Justices from the 25 and 80 old year limits. The amendment would REQUIRE the Senate to take up every single nominee formally submitted by POTUS for a vacancy, establish a formal methodology for appointment submission (NOT Twitter), allow the Senate, based on the recommendation of the Judiciary Committee if so supported by the Majority Leader to petition the President one time to withdraw a nominee not supported by the Committee. If the President is firm, the nomination would stand, despite the objection. This would have thwarted the Merrick Garland situation altogether. Either POTUS or the nominee may withdraw nominee for consideration at any time prior to the Senate vote. Lastly, the amendment would set a timeline from nomination to confirmation (either 45, 60, or 90 days), after which, if the full Senate hadn't voted yet, the appointment would be automatically confirmed.

 

• Sets the SCOTUS at 9 members permanently.
• Eliminates lifetime SCOTUS appointments.
• Establishes a 25 year maximum SCOTUS tenure.
• Minimum age of SCOTUS Justices of 35 years old.
• Maximum age for SCOTUS nominees (either 65 or 70 years old).
• Maximum age for active SCOTUS Justice set at 80 years old (mandatory retirement before their 81st birthday).
• Current SCOTUS Justices exempt from all new age and tenure limitations.
• Established formal nomination process by POTUS to the Senate.
  
• Requires a full Senate vote on ALL POTUS' nominees to SCOTUS.
• Allows the Senate to petition POTUS one (1) time per nominee to withdraw the nominee before the full Senate vote.
• Either POTUS or the nominee may withdraw the nominee from consideration at any time prior to the Senate vote.
  
• Set a hard timeline for confirmation (45, 60, or 90 days, probably 60).
• If Senate does not act within the (45, 60, or 90 day) timeline, the nominee's confirmation becomes automatic.
  

So it is written. Let it be done.