Senate Democrats introduced legislation on Thursday to place term limits on Supreme Court justices, reigniting debate around the issue championed by Democrats in the House and the Senate.
It'd have to pass constitutional muster. Usually, it's hard for one branch of government to impose restrictions on another branch of government without a constitutional amendment. It'd end up in front of the Supreme Court to decide if they would accept that restriction or not.
One of the reasons increasing the size of the Supreme Court comes up as a solution is because Congress is explicitly allowed to just do that.
Are you…talking about the proposed term limits? Because that's purely legislative, there's no need to ask permission from the justices.
Justices can just rule it unconstitutional.
Could they rule on it without having an overt conflict? Why wouldn't they need to recuse themselves?
Because they have no rules.
Who will force them to recuse themselves? They answer to no one.
What code of ethics or oversight board demands they recuse themselves?
It'd have to pass constitutional muster. Usually, it's hard for one branch of government to impose restrictions on another branch of government without a constitutional amendment. It'd end up in front of the Supreme Court to decide if they would accept that restriction or not.
One of the reasons increasing the size of the Supreme Court comes up as a solution is because Congress is explicitly allowed to just do that.