Article III states, in part, “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.” 2/
Traditionally this has been interpreted as lifetime tenure on the Supreme Court but that is not constitutionally mandated. So, the number of judges on the Supreme Court could be reduced by assigning some to other courts. Or vacancies could be created in the same way. 4/
The balance of power in our three branches of government is jeopardized when any one party is able to stack the Court with its own appointees in a short period of time. 5/
Expanding the court, shrinking the court or setting limits of time of service on the Supreme Court are all permissible under the Constitution. The framers made lots of specific restrictions in the Constitution but this particular area was left fluid. 6/
To protect our rights and avoid the eradication of women’s right to choose, LGBT rights and our basic human rights to health care, we must vote and we must act to avoid further disaster. 7/end
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