Evening star., 1946-12-30
Life Tenure Opposed
For Federal Justices
1O-Year Terms Recommended
To Foster Responsibility
Bv David Laurence

By David Laurence
Life tenure for Federal judges ana
particularly for members of the Supreme
Court of the United States has resulted
in a recklessness and an irreSponsibil1ty
which calls for constitutional change.
The "portal-to-portal" case is but one
of many arbitrary decisions in which
judicial power is flagrantly misused TO
upset established custom and practice
without benefit of legislation. With the
immense growth of Federal power over
the economic system in recent years due
to judicial Interpretation rather than
specific amendment by the people, the
Constitution now truly is what the
judges say it is"
Yet President Roosevelt had the op-
portunity to appoint for a life-term
seven of the nine justices on the Su-
preme Court. President Truman has
appointed two. Also, from the Repub-
overwhelming election at the polls, only
one of the nine justices has been ap-
pointed in Is years.
The Democratic administration which
began in 1888 moreover discarded the
traditional balance in the judiciary and
appointed Democrats to more than 95
per cent of the Federal judgeships
throughout the country. Thus the New
Deal concepts of law stay in power for
the life of the judges
Life Tenure Is Outmoded.
This is why the life-tenure system has
outlived its usefulness. The abuse Of
it by political partisans is more appar-
ent than ever.
The foregoing set of circumstances
has led to speculation as to whether the
time has not arrived to introduce long
overdue reform. Nothing could be more
repugnant to the American people than
court packing" or schemes to increase
the number Of justices so as to achieve
a new majority on the court for po-
litical party. What can be done to
protect the Nation against the irrespon-
sibility that life tenure SO often brings
is to limit the term of all Federal JUS
tees, including those on the Supreme
Court, to 10 years but to permit re-
appointment by the President.
This change would have to be made,
of course. by constitutional amendment
adopted by thirds vote of both
houses of Congress and ratified by three
fourths of the States. 1t is the proper
way to deal with abuse of judicial
power.
Provision could be made for paying
retirement pay to those justices who
were not reappointed. They could then
be called into service to act as referees
or masters or even to sit in special
tribunals This would dispose of the
argument that justice would have to
look again to private practice for live
lihood judicial service could still be
lifelong career. Most judges probably
would be reappointed, so only small
number would fall by the wayside.
Salutary Effect Is Seen.
There would be salutary effect. how
ever, on those who knew they would be
up for reappointment. They would be
| inclined to abandon arbitrariness and
caprice and stick to fundamental prin-
ciples of justice. 1t might incidentally
make some of the justices less egotistic
and much more interested in the con-
sequences of their decisions. The ''por-
tal-to- portal" case attracted attention,
but examples of comparable recklessness
are to be found in the decisions of the
last ten years.
BY permitting reappointment, the
Senate would share in the responsibility
of a second or third term for a justice.
This would mean that both political
parties would have voice, for it seldom
happens that confirmation of justices
is attained by the votes of only one
party.
The new amendment could bring
about legally the retirement of all pres
ent justices at the end of their first 10
years of service So it would be up to
President Truman or future President
to make reappointments or new ap-
pointments and a Republican Senate
would decide on confirmation.
The amendment would not be aimed
at any individuals as the present judges
should be made eligible for reappoint-
ment. 1t would, however, assure the
people of better court and perhaps
a new one every 10 years or so. Ger
tainly it would put an end to the present
era of responsibility on the bench, the
cure for which lies through constitu-
tionaL amendment adopted in the reg
ular way by the people.
(Renroduction Rights Reseryed1