The US Supreme Court

[alfred russel]

Since the court system seems to be the real place policy is made, I thought this is a good question to ponder.

If Obama is reelected, which justices don't make it to the end of the term? Scalia, Thomas, and Kennedy have to be getting old. What odds that we get a change in our 5-4 split?

The same question goes if Romney wins.

[crazy canuck]

Those three are not that old.  Not sure why they would not to to hold on for another four years at least.

[KRonn]

Is it possible for the SCOTUS to have mostly judges that aren't classified as liberal or conservative? Is it possible to determine constitutionality without being one or the other, in a more impartial manner? I kind of cringe a little when I hear that the conservatives, or liberals, will decide a case.

[Admiral Yi]

Ginsburg looks pretty pruney.

[alfred russel]

Is it possible for the SCOTUS to have mostly judges that aren't classified as liberal or conservative? Is it possible to determine constitutionality without being one or the other, in a more impartial manner? I kind of cringe a little when I hear that the conservatives, or liberals, will decide a case.

No, because no president will pass up the chance to put someone on the court that is on their team.

[Sheilbh]

That saddens me.  I loved The Brethren for the not quite partisan politics of the court and still like the sense of a semi-partisan elite.  They may have different views but they're grounded in their philosophies not 'parties' and they're still courteous to one another, I remember reading that one of Scalia's closest friends is one of the arch-liberals.  It'd be sad to lose that.  I think it's a large part of why the Court's still so respected.

None of that holds for Congress which just seems like trench warfare

[Admiral Yi]

I remember reading that one of Scalia's closest friends is one of the arch-liberals.

Ginsberg

[KRonn]

Is it possible for the SCOTUS to have mostly judges that aren't classified as liberal or conservative? Is it possible to determine constitutionality without being one or the other, in a more impartial manner? I kind of cringe a little when I hear that the conservatives, or liberals, will decide a case.

No, because no president will pass up the chance to put someone on the court that is on their team.

There ought to be laws about who is eligible to sit on the Supreme Court! Er, but then it would likely get challenged in court, all the way to the Supreme Court so they could decide on their own future!   

Sheesh, we're becoming a banana republic! Appointing judges to do the bidding of the political left or right, not decide based mainly on Constitutional law.   

[DGuller]

I still think that there should be 18 year term limits for Supreme Court justices, staggered 2 years apart.  We can Truman in the present ones, to sweeten the deal for the current crop.  I think the Commerce Clause would be sufficient to empower Congress to enact those limits.

[DontSayBanana]

I still think that there should be 18 year term limits for Supreme Court justices, staggered 2 years apart.  We can Truman in the present ones, to sweeten the deal for the current crop.  I think the Commerce Clause would be sufficient to empower Congress to enact those limits.

Similar to the FRB terms?  Sounds good to me.

[jimmy olsen]

I still think that there should be 18 year term limits for Supreme Court justices, staggered 2 years apart.  We can Truman in the present ones, to sweeten the deal for the current crop.  I think the Commerce Clause would be sufficient to empower Congress to enact those limits.

[Barrister]

I still think that there should be 18 year term limits for Supreme Court justices, staggered 2 years apart.  We can Truman in the present ones, to sweeten the deal for the current crop.

Why not just put in a mandatory retirement age like we have?   

[DGuller]

I still think that there should be 18 year term limits for Supreme Court justices, staggered 2 years apart.  We can Truman in the present ones, to sweeten the deal for the current crop.

Why not just put in a mandatory retirement age like we have?   

The problem with mandatory retirement age is that it doesn't solve the underlying problem:  judges are increasingly being picked by actuarial tables, to make sure that they advance their cause for the longest time possible.

[Sheilbh]

Why not just put in a mandatory retirement age like we have?   

It maintains the trend to appointing ever younger Supreme Court justices.  If they've got a set number of years the parties won't try and choose the brightest mind under 60, but the brightest mind of their side.

[Valmy]

That must be why Obama appointed two women judges.  Women live longer.