That is the proposal advanced by Kyle Sammin at The Federalist. Sammin recognizes the folly of term limits for Supreme Court Justices, which would require the practical impossibility of a constitutional amendment. Instead, he suggests that we might promote more frequent turnover by requiring Justices to once again “ride circuit” — the 18th and 19th century practice of having Justices travel across the country to hear more ordinary cases during breaks in the Court’s regular term. Sammin states:
Restoring circuit duties to the Supreme Court would provide a natural way of decreasing tenure on the bench. Travel is not as difficult in 2019 as it was in 1819, but it can still be exhausting. If circuit riding had still been a part of the job, infirm justices such as William O. Douglas, William Brennan, and John Paul Stevens would have left the bench before they were fully in decline. Ginsburg would likely have retired a decade ago, as many on the left wish she had. Instead, arrogance and ease lead to justices remaining in their jobs when they are not up to the tasks appointed to them.
I am intrigued by this proposal, although I am not as optimistic that the additional travel burden would put off any but the most frail Justices. The Court’s current members — even those well into their eighties — are already frequent travelers. They speak at law schools, promote their books, accept cozy summer teaching positions, and so on. Open Secrets, for example, found that in 2018 the Justices collectively took 64 trips that were paid for by others. Justice Ginsburg alone took a dozen trips to far-flung places around the world. And even though riding circuit would involve real judicial work rather that quasi-legal junkets, it seems fair to say that all the Justices truly enjoy their day jobs.
What do you think, readers?