A SUPREME PROBLEM

There is a great deal of hand wringing going on in the Conservative movement these days relative to the President's selection of Harriet Miers as his nominee for the Supreme Court. Many Conservative activists were all geared up to fight the Libs to the death over a principled, highly qualified, demonstratively Conservative candidate. The President had many to choose from, even some women and minorities. And yet, he punted. He chose a personal crony who is a complete enigma to everyone. She could be David Souter. She could be Sandra Day O'Connor. She could be Clarence Thomas. I have absolutely no idea, and I have yet to read or hear from anyone who does.

Peggy Noonan puts her finger on the real problem that is illustrated by this fiasco.

Supreme Court justices are more powerful than ever while who and what they are is more mysterious than ever. We have a two part problem. The first is that no one knows what they think until they're there. The other is that they're there forever.

I find myself lately not passionately supporting or opposing any particular nominee. But I'd give a great deal to see Supreme Court justices term-limited. They should be picked not for life but for a specific term of specific length, and then be released back into the community. This would involve amending the Constitution. Why not? We'd amend it to ban flag-burning, even though a fool burning a flag can't possibly harm our country. But a Kelo decision and a court unrebuked for it can really tear the fabric of a nation.

Bingo. It is not necessary for a judge to have a life-tenure in order to ensure judicial independence. In New Hampshire, Supreme Court Justices must retire at 65. In some states, judges serve fixed terms, in others they are elected. How about appointing U.S. Supreme Court justices for one ten year term. Grandfather the current set, so that as they die or retire new people would be appointed, thus creating staggered terms so that the entire court would not be turned over at the same time. A ten year term would give the justice ample time to learn the ropes and leave a legacy, but it would also allow us to know that the court could be re-shaped over time in a consistent manner, subject to the will of the people as expressed by their choices for President and U.S. Senate. It would create at least some degree of accountability in a body that is now, because of the lifetime tenure, completely unaccountable.