Is It Time to End Life Tenure for Federal Judges? [2019 National Lawyers Convention]

On November 14, 2019, the Federalist Society's Litigation Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The title of the panel was "Is It Time to End Life Tenure for Federal Judges?".

The framers of our Constitution jealously guarded the independence of federal judges, and the principal means they selected for doing so was to confer life tenure upon them. But a great deal has changed since then. At the time of the founding, federal judges were not alone: most state judges enjoyed life tenure as well. But now, federal judges are almost entirely alone—not only in the United States, but in the world—in this respect. In addition, life expectancies are vastly longer today than they were two hundred years ago. Finally, the process for selecting federal judges has arguably become more politicized than ever before—and some point to life tenure as the reason. Recent polls show that over 75% of Americans want to end life tenure. Is it time to end life tenure? Are there ways to end it that do not require a constitutional amendment?

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Featuring:

-Moderator: Judge William H. Pryor, Jr., United States Court of Appeals, Eleventh Circuit

-Dr. Norman J. Ornstein, American Enterprise Institute

-Prof. James E. Pfander, Northwestern University Pritzker School of Law

-Carrie Campbell Severino, Judicial Crisis Network

-Judge David R. Stras, United States Court of Appeals, Eighth Circuit

-Stuart Taylor, Jr., Journalist and Author

[robnowe]

Establishing a right for the president to appoint just 2... this requires a constitutional Amendment.

[robnowe]

As for the ages.... establish a Constitutional amendment that requires Article 3 judges be 35 yrs old.

[dieselforwethepeoplenews]

We need Congress to do more impeachment and the Senate to judge

[robnowe]

The Founders were concerned that the government NOT be blowing with the culture. They believed in absolute truth and law. They believed the Constitution was NOT the supreme authority and neither were the people (that would be mob rule/a democracy where minorities had no rights unless the majority allowed them and they saw this fail for the Greeks and the Romans) but God is the Supreme authority. Read the Declaration of Independence which is the justification for their rebellion and therefore their Constitution. This is not an innocuous vague God, but the God of the Bible, and the highest law they considered to be Him and His law.