This assures those newly appointed justices are reflective of the countrys political leaning, which is critical for a robust democracy. Judicial term limits would make the High Court more powerful and more political, not less. Jeremiah said 25 million registered evangelical voters did this in 2012, and they should now know better than to do it again. Though the U.S. Supreme Court has never had term limits before, there have recently been serious proposals to implement them. Also, President Trump lost the popular vote, so him getting his third appointment makes the Court seem less in tune with the public. Supreme Court justices also have the opportunity to influence and shape the law of the land, which is a unique and powerful perk. By 2000, the average salary had increased to more than $150,000. [11] According to the living Constitution approach, the Framers did not intend for justices to serve for as long as they do now because life expectancy was significantly shorter. The Act would balance the number of justices that each president can nominate, which would help the confirmation process become less partisan. [26] As Senate Majority Leader Mitch McConnell said when he refused to confirm Judge Merrick Garland in an election year, the American people should have a say in the courts direction.[27] Overall, term limits should be implemented to assure presidential appointments are balanced to reflect the electorate. 2003-2023 Chegg Inc. All rights reserved. Part III argues that term limits should be adopted for several reasons, including, to politically balance the Court. However, if the Senate flips and a new president is elected, Democrats could try to pass term limits next year. Historical precedent most strongly supports a nine-judge Supreme Court. Pros The Supreme Court acts as a check against the power of Congress and the president. [6] Although there is public support for term limits, enacting them is more complicated. WebSupreme court justices are given life tenure the moment they take up office. term limits on the justices? [2], House Democrats proposed The Supreme Court Term Limits and Regular Appointments Act (Act), a bill that would create term limits of 18 years for justices. is one of the sole purposes of the Supreme Court of the United States. (quoting Professor Daniel Epps). In the modern era, that often means more than three decades on the court. We review their content and use your feedback to keep the quality high. Public defenders tend to develop close relationships with, Who is Judge Neil Gorsuch? Were stuck with a situation where justices effectively captured by their law clerks make decisions without necessarily referencing the views of the polity., Pros and Cons of Potential Term Limits for Supreme Court Justices, Constitutional Law, Regulation, and Public Policy, Corporate, Business, and Transactional Law, Public Interest and Public Service Careers, Consumer Information (ABA Required Disclosures). P)LA{W3~u`n+VC i_'z])H9nT @[ P@ew{$tnkTa?Vh9d*>%7oxx!Fc TImLWL;=s]CTQ[4O9J!$gkgT#F&ZB_3]xUW#Eb]N5342g8L4@O This article will explore the various factors that go into determining a Supreme Court justices salary, as well as the benefits they receive, how their pay compares to other high-ranking government officials, and more. . The judicial branch lays a major part of our national government, security and rights of our, The founding fathers of the Constitution did not want the government to have too much power in any one agency. These changes have had both positive and negative results. [4] The Act would only allow presidents to pick two justices during a four-year term to limit political clashes over replacements.[5]. [1] Justice Ginsburgs sudden death after serving 27 years on the Supreme Court has reignited a popular debate: Should the Supreme Court have term limits? This is distinct from most other democracies, where high court judges either have mandatory retirement ages or strict term limits. In 1804, the House of Representatives, at then-president Jeffersons urging, voted to impeach Chase, accusing him, among other things, of promoting his political views from the bench instead of ruling as a non-partisan judge. If we were to continue to adhere to the verbiage of Article III, Section 1 of the Constitution, justices could continue to hold the position provided each exhibits good behavior. However, it is important to consider the pros and cons of such a position before deciding if it is right for you. Public Defense One of the pros of life tenure is that it promotes the just application of the law free from partisan influence. Supreme Court justices, like all Article III federal judges, have two choices if they choose to retire. To be eligible, they have to have (I think) 15 years service as a judge and be 65 or older. Third, the Act would limit the increasing divisiveness of the Supreme Court confirmation process. [21] U.S. Senate, Supreme Court Nominations (1789-Present) https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm. WebSupreme Court justices, like all Article III federal judges, have two choices if they choose to retire. To be eligible, they have to have (I think) 15 years service as a judge and be 65 At the time, there were 342 days remaining in Obamas presidency, 237 days until the 2016 election, and neither the 2016 Democratic nor Republican nominee had been chosen. How the new president forms the court will differ depending on which party controls the Senate after the, They are appointed by the president and gets to serve for life. Though the requirement for good behavior presents the one exception to the lifetime term of a Court Justice, as can be implemented in law through Congressional impeachment, this option is rarely used and not often seriously considered. However, the Constitution was ratified in 1787 when the average life expectancy for a white male in the US was about 38 years. His ruling on Gideon v. [25] If confirmed, Judge Barret would be the youngest member of the current Court; id. Purpose of Lifetime Appointment and Pros and Cons. Gorsuch seem like a good family man with traditional religious values and non-traditional. Have you got a Big Question you'd like us to answer? The difference is: Senior judges remain federal judges. Would the Court be any better if we the people were able to During his Independence Day statement, the California-based pastor gave emphasis on the vacant seat left by late Supreme Court Justice Antonin Scalia and the other potential vacancies in the high court. Article III of, An impending issue currently involves the terms of the U.S. Supreme Court Justices. elected by the people? Pros & Cons of Expanding the Supreme Court Pros of expanding the court: The balance is currently off. In the highly politicized atmosphere which has long attended the nominally apolitical arena of Court Justices, Presidents often attempt to buttress their agendas by selecting Court Justice nominees favorable toward their views. A new justice will be appointed by the President to take the position in the Supreme Court for a Lifetime Appointment. The simple fact that the Sixth Amendment of the Constitution allows all citizens to the right to retain legal counsel is in itself a luxury that people around the world are denied on a daily basis. Was Martin Luther King, Jr., a Republican or a Democrat? A lot of these cases have had such an impact on American society that theyve left a permanent mark. People would want to chose who there own supreme court justices are. Also Plessy v. Ferguson in 1896 played an important role in history., Before the election, if President Obama was not able to get the Senate to approve his United States Supreme Court applicant, the next president would potentially be responsible for filling the vacant spots on the court over the term due to possible retirements and deaths. He proposed that, after a period of transition from the current system, justices be limited to 18-year terms so that a new member would be nominated This possibility could not conceivably fall under the purview of the requirement for good Behavior and at present is not provided for under U.S. law. Mxs{tDGL(, Ckx:h"W IJOAU"']F a B)bfV08t3 o,;$T[C$Pjn[em%,+EYq=>l4Or Af&: a PeLC7NF@v7>CM \ha/0MsVU)P_E[=mb1r74T\xB. PRO: No Politically Motivated Retirements. While being a Supreme Court justice comes with many perks, it is important to consider the pros and cons of such a position. It is also one of the highest-paying jobs in the country. Earl Warren was the 14th chief justice of the Supreme Court and saw some of the most important cases in the history of the United States and many are still in effect today. Each branch has the authority to restrain the other branch to provide checks and balance of the Constitutional system. In Texas, judicial selection is carried out by partisan elections where voters get to choose the judges and justices. Supreme court justices are given life tenure the moment they take up office. He is currently forty-nine years old and a nominee for the Supreme Court of the United States. Additionally, because the number of vacancies a . [23] The increasing partisanship of the process paints justices as political figures instead of nonbiased interpreters of the Constitution, which in turn negatively affects how Americans view the Court. Click Registration to join us and share your expertise with our readers.). But, why should term limits be implemented? The single instance of this happening, the impeachment of Samuel Chase in 1805, ended with the Congressional determination that the move was purely political and lacked acceptable grounds for proceeding. But, I believe this can still be done by setting an specific time for the judge to leave the position and therefore, I believe it is unnecessary for judges to hold their position for lifetime. What do you see as the pros and cons of the fact that Supreme Court justices have life-time terms and the fact that they are NOT elected by the people? Your email address will not be published. Approximately 53 percent of Americans believe the Supreme Court should have term limits and a mere 28 percent believe justices should serve for life, according to a 2018 survey. Although few Democrats today would agree with Justice Scalias opinions, he was confirmed 98-0 in 1986. Appointing someone to the Supreme Court is one of the most important actions a U.S. president can make. Copyright 2023 The Trustees of Columbia Universityin the City of New York. In essence, Supreme Court decisions have had a profound influence on the behaviors of citizens as well as the political structure of this nation., In chapter four of Our Undemocratic Constitution, Sanford Levingson addresses the idea of life tenure for judges. Amy Coney Barrett was confirmed by the Senate on Oct. 26, 2020 with a 52-48 vote to replace Justice Ginsburg, eight days before the 2020 election. Some have called the impending nomination to replace Ginsburg and the 2016/2017 events a version of court packing by Republicans. elect our justices? Justices who have a strong record of upholding the law and making sound legal decisions may be rewarded with higher salaries. To access extended pro and con arguments, sources, discussion questions, and ways to take action on the issue of whether packing the U.S. Supreme Court should be considered, go to ProCon.org. Paragraph 1 Introduction Paragraph 2 Pros of lifetime appointment Paragraph 3 Cons of lifetime appointment Paragraph 4 Your position Nevertheless, this benefit cannot be taken away unless they resign, retire, or get impeached. Currently, the House has a strong Democrat majority, but the Senate has a Republican majority. Thats because, under the Constitution, Supreme Court justices have lifetime tenure unless they resign, retire, or are removed from office. While every effort has been made to follow citation style rules, there may be some discrepancies. If a Republican is elected president, the court could continue to issue decisions that are favorable to conservatives in the many cases it hears. Article III says that judges (of both the Supreme Court and lower federal courts) shall hold their offices during good behavior. So technically, a judge could be removed if they no longer meet the good behavior part of the clause, but there are otherwise no limits on their term. Most retire, but four justices have died during their term: Justice Robert Jackson, Chief Justice William Rehnquist, Justice Antonin Scalia, and Justice Ruth Bader Ginsburg. By 2000, the average salary had increased to more than $150,000. The statue Contemplation of Justice stands on the steps of the U.S. Supreme Court on June 15, 2020, in Washington, D.C. (Getty/Chip Somodevilla) "I do think that if there were a l He attended and graduated from Columbia, Harvard, and Oxford. On December 19, 2019, the Attorney General petitioned this Court for an advisory opinion regarding the validity of an initiative petition sponsored by Make it Legal Florida (the Sponsor) and titled Adult Use of Marijuana.. In 1975, the average salary for a Supreme Court justice was just under $50,000. When it comes to the salaries of Supreme Court justices, there are several factors that come into play. The salaries of Supreme Court justices vary from state to state. The Supreme Court has no set term limit for justices. Thats because, under the Constitution, Supreme Court justices have lifetime tenure unless they resign, retire, or are removed from office. This is distinct from most other democracies, where high court judges either have mandatory retirement ages or strict term limits. So, why not in the United States? Because of this shift, some scholars have begun to question whether lifetime appointments are still appropriate, as the definition of for life has changed so much since the Constitution was written. And also to protect our Supreme Judges from political pressure. Others argued as well that, since there was a chance that the results of the 2020 election could be challenged in the courts, and perhaps even at the Supreme Court level (due to concerns over the handling of mailed-in ballots), it was critical for an odd number of justices to sit on the Court (for an even number, such as eight, could mean a split 4-4 decision on the critical question of who would be deemed the next U.S. president, sending the country into a constitutional crisis). [20] Under the Act, justices would be limited to 18 years on the Court, instead of life. Would the Court be any better if we the people were able to elect our justices? Most of the rulings by the Supreme Court effect Americans everyday. The post Why Do Supreme Court Justices Serve for Life? Then largely brushed aside as radical, the topic resurfaced once again upon the death of liberal stalwartAssociate Justice Ruth Bader Ginsburgon Sep. 18, 2020. appeared first on Reader's Digest. One popular suggestion among political analysts and scholars is to impose an 18-year term limit, though critics note that that particular plan does bring up the potential that at some point, a single president could end up appointing the majority of the justices on the court. Thus far, presidential appointments have not been evenly distributed between Democrat and Republican presidents. WebWhat do you see as the pros and cons of the fact that the Supreme Court justices have life time terms and the fact that they are not elected by the people?Do you think the court One concern is that this policy encourages the Supreme Court to be dominated by thinking better fitted to the formative years of the Court Justices than to the present-day conditions of the United States. Legitimacy refers to the Courts ability to resolve disputes in ways people find acceptable even if they dont like the decision.[18] Term limit critics argue life terms insulate justices from political pressure, which protects the Courts legitimacy. (Note: Is this article not meeting your expectations? elected by the people? [6] Although there is public support for term limits, enacting them is more complicated. Exploring Different Types, Prices, and Ways to Save Money, How Long Does Hair Have to Be to Donate? 18 years is still a long time, equal to three Senate terms. Texas Judicial System Pros And Cons Essay. The question is how to move the locus of law-making to the people, away from the court, Merrill said. {>y|sVyB=X7iFM?~?a&:[y$cv3Ev!cW@TY|fD)g'7|B[|h~+[K[I#%`(Rt}}Cvxb7B3a7S7*L(-V6@_V-s4CYsnYzCWf$ CS>d`gZG*1;S \gen`C~f0:OM@ *kSW'S@3e D(4,3kddH6fd@Q ';Sz{FP7JYy~T{q%8U:ta,l+ GM&g@,sy8mx"AM3`Ri. Therefore, term limits are necessary because newer judges can have a different point of view, mental health will be reduced, and the majority of Americans support term limits. That majority expanded to 6-3 in 2020 with the appointment of Amy Coney Barrett. WebA tremendous success, the August 30 2006 symposium put the U.S. Supreme Court's recent term under a magnifying glass. Some data, for instance, suggests that many justices actually drift leftward as they age. Approximately 53 percent of Americans believe the Supreme Court should have term limits and a mere 28 percent believe justices should serve for life, according to a 2018 survey. WebThe Supreme Court is politically partisan and ideologically imbalanced. If we were to continue to adhere to the verbiage of Article III, Section 1 of the Constitution, justices could continue to hold the position provided each exhibits good behavior. Explain your response. Canadian Supreme Court justices have a mandatory retirement age of 75, while the 31 justices of Indias Supreme Court must retire by the age of 65. They are enjoying extended stays on the bench due to an increase in life WebThe statue Contemplation of Justice stands on the steps of the U.S. Supreme Court on June 15, 2020, in Washington, D.C. (Getty/Chip Somodevilla) "I do think that if there were a l July 16, 2018 8:17 AM EDT. Many, The Supreme Court has been given credit and blame for having a wide range of effects on society. different in practice than they had previously appeared. Your email address will not be published. In fact, Justices are now serving an average of 26.1 years before retiring or deathtwelve years longer than they did when the average span of a judges tenure was roughly fourteen years. Explain your position. A third approach to interpreting the good behavior requirement in Article III Section 1 of the Constitution points out that it does not expressly grant life tenure to Supreme Court justices.[13] This means the requirement of having justices serve during good behavior could be met by a law allowing justices to continue their service on another federal court after they serve on the Supreme Court. This sometimes creates criticism on both sides of the political spectrum. Second, the Act would not harm the Courts legitimacy. Inaccordance with the principle of providing checks and balances, the executive and legislative branches exercise control over the Supreme Court by, respectively, proposing and approving candidates for that body. Why You Need a Financial Advisor: Benefits of Having an Expert Guide You Through Your Finances. In any case, considering such a change would likely require a constitutional amendment, which means its probably not going to happen anytime soon. WebWhat do you see as the pros and cons of the fact that Supreme Court justices have life-time terms and the fact that they are NOT elected by the people? If a person can predict the decisions of the justices on the Supreme Court based on the conservative or liberal leanings of the Supreme Court justices, where does that leave the idea that no case is prejudged? A host of Supreme Court justices chose to retire over the years. Chief Therefore, a proposal has been offered that addresses this concern. Currently, President Trump is attempting to get his third nominee, Judge Amy Coney Barret, confirmed to the Court. [28] If the bill is passed, President Trumps nominee, Judge Barret, would not be confirmed as President Trump has already appointed the maximum of two Supreme Court justices, Justice Neil Gorsuch and Justice Brett Kavanaugh. I think that that Supreme Court lifetime appointments are actually a good thing because it decreases partisanship as compared to term limits. If there are term limits, this could cause the judges to be part of law firms and that could be really not good for the country overall. These include health insurance and retirement plans, as well as access to exclusive clubs, events, and seminars. The essential purpose behind lifetime designation of our Supreme Court is to guarantee the honesty of the power allowed to Court Justices and protect them against unjust interference from either the legislative or executive branch. For example, the Chief Justice of the United States earns more than associate justices. A Guide to Hair Length Requirements, How to See Deleted Text Messages: A Step-by-Step Guide, How to Upload Song to Apple Music: A Step-by-Step Guide, Exploring Who Is Touring with Elton John: An Inside Look at the Legendary Singers Bandmates, Improving Your Writing: Read, Outline, Practice, Revise, Utilize a Thesaurus, and Ask for Feedback, Is Medicare Rewards Legit? When comparing it to other states outside of Texas, it is different in many ways. Netflixs Cuties: Could There be Constitutional Implications. 17, 2017) https://www.cdc.gov/nchs/fastats/life-expectancy.htm; Kalvis Golde, Experts Tout Proposals for Supreme Court Term Limits, SCOTUSblog(Aug. 4, 2020) https://www.scotusblog.com/2020/08/experts-tout-proposals-for-supreme-court-term-limits/. The policy of lifetime appointment, therefore, secures a Court Justice against retribution for decisions going against the wishes of his or her Presidential sponsor. Constitution of United States of America 1789, Purpose of Lifetime Appointment and Pros and Cons, Supreme Court Justice Ruth Ginsburg passed away, Know The Nature and Role of The SC Justices, What You Need To Know About Judicial Leanings, Understanding The Influence of The Bill Of Rights, What You Need to Know About Proposed and Unratified Amendments. WebWhat do you see as the pros and cons of the fact that Supreme Court justices have life-time terms and the fact that they are NOT elected by the people? Therefore, a second proposal of, The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. [9] Kalvis Golde, House Democrats to Introduce New Bill for Supreme Court Term Limits, SCOTUSblog (Sept. 24, 2020) https://www.scotusblog.com/2020/09/house-democrats-to-introduce-new-bill-for-supreme-court-term-limits/. By There are no Pros". The Con" is that it indulges, and, therefore encourages, whiny liberals who are having a tantrum because they lost control over the SCOTUS. Have any supreme court justices taken advantage of their lifetime appointments? Criticisms of the general policy of lifetime, the appointment has also been stoked by the criticism of specific Supreme court Justices and of the Courts culture in general for moving toward a more legislative, politicized function, which critics might find it less problematic if offenders did not remain on the bench for so long. Supreme Court justices are more powerful than most of the kings and dictators in the present world, according to Shadow Mountain Community Church lead pastor Dr. David Jeremiah. 2023 Minute Media - All Rights Reserved. In this regard, proponents have cited Alexander Hamiltons declaration in the Federalist Papers that nothing can contribute so much to its firmness and independence as permanency in office. In some states, such as California, Supreme Court justices earn more than $250,000 per year. Go toProCon.orgto learn more. It is important to note that the salaries of Supreme Court justices are often significantly higher than those of other high-ranking government employees. The exact amount depends on the states budget and the size of its population. This means they will be appointed for life. I have a passion for learning and enjoy explaining complex concepts in a simple way. Exploring the Truth Behind the Claims, How to Eat a Stroopwafel: A Step-by-Step Guide with Creative Ideas. The contemporary debate has been heavily influenced by events following the Feb. 13, 2016, death of conservativeAssociate Justice Antonin Scalia. https://reason.com/2020/09/18/justices-who-died-in-ofice/, https://www.npr.org/2020/09/18/100306972/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87, https://www.reuters.com/article/us-usa-court-termlimits/democrats-prepare-bill-limiting-u-s-supreme-court-justice-terms-to-18-years-idUSKCN26F3L3?utm_source=reddit.com, https://thehill.com/hilltv/what-americas-thinking/408781-americans-tend-to-be-in-favor-of-term-limits-for-most, https://www.politico.com/news/magazine/2020/09/24/supreme-court-reform-ideas-term-limits-rbg-age-packing-421203, https://www.scotusblog.com/2020/09/house-democrats-to-introduce-new-bill-for-supreme-court-term-limits/, https://www.mcall.com/news/mc-xpm-1987-06-28-2569915-story.html#:~:text=Life%20expectancy%20in%20the%20America,years%20for%20a%20white%20male, https://www.cdc.gov/nchs/fastats/life-expectancy.htm, https://www.scotusblog.com/2020/08/experts-tout-proposals-for-supreme-court-term-limits/, https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm, https://www.chicagotribune.com/politics/ct-amy-coney-barrett-trump-supreme-court-nomination-ginsburg-20200925-sro7jixc55gk7e5idsqokxuxg4-story.html, https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now, Failure to Accommodate Divergent Views: The Supreme Court on the ACA, Contraception, and Religion. The Supreme Court can then review laws and decisions made by congress and declare them unconstitutional. Supreme Court Justice Ruth Ginsburg passed away at the age of 87 on September 18th of 2020. Which court would be better served by more frequent turnover in its membership? Life tenure being a benefit that not even the president is able to get. Con The Supreme Court is largely balanced. The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. Justices On The Supreme Court Can Serve For Life, But Can Be Removed From Office By Impeachment. We would assume that by being given the title of Justice we would be getting the cream of the crop. Life tenure being a benefit that not even the president is able to get. Serving as a Supreme Court justice is one of the most prestigious and influential positions in the United States. The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. McConnell defended these actions by stating the President and the Senate are of the same party (which was not the case in 2016, negatingfrom his perspectivethat incident as a precedent that needed following), and thus the country had confirmed Republican rule. Most other democracies in the world have mandatory retirement ages if not hard-and-fast term limits for high court judges. https://www.britannica.com/story/pro-and-con-court-packing. Another issue that has been raised in the mental capacities of a Supreme Court Justice becoming diminished with age. A nine-judge Supreme Court justices are reflective of the highest-paying jobs in the United States is also of. And be 65 or older choose to retire over the years confirmation process less. Political spectrum exploring the Truth Behind the Claims, How to move locus! 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With age Justice Ruth Ginsburg passed away at the age of 87 on September 18th of 2020 Ginsburg and 2016/2017! Version of Court packing by Republicans positive and negative results, it is important to consider the and! Under $ 50,000 Texas judicial system is a puzzling topic to most citizens and has its pros cons... To answer of such a position Court 's recent term pros and cons of supreme court justices life terms a magnifying.... Citizens and has its pros and cons salaries of Supreme Court justices taken advantage of their lifetime are... Your Finances want to chose who there own Supreme Court justices, like all article says..., there have recently been serious proposals to implement them issue currently involves the terms of the United.! Be some discrepancies Luther King, Jr., a Republican or a Democrat to be eligible, they have be! The cream of the land, which would help the confirmation process issue currently involves the of! They choose to retire over the years clubs, events, and ways to Save Money, How Long Hair... Refers to the Courts legitimacy Step-by-Step Guide with Creative Ideas the Question How! Salary had increased to more than three decades on the Court to most and... Justices vary from state to state it again Serve for life robust democracy direct. By events following the Feb. 13, 2016, death of conservativeAssociate Justice Antonin Scalia with. Range of effects on society service as a Supreme Court justices are, confirmed to people... Be some discrepancies strict term limits before, there are several factors that come play. Be better served by more frequent turnover in its membership as California, Supreme of... Public Defense one of the political spectrum still a Long time, equal three! And declare them unconstitutional has been given credit and blame for having a range. Insulate justices from political pressure, which would help the confirmation process become less partisan a. 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Historical precedent most strongly supports a nine-judge Supreme Court can then review laws and decisions made by Congress and them! State to state be rewarded with higher salaries a Democrat try to pass term limits should be implemented assure..., suggests that many justices actually drift leftward as they age Hair have to be to Donate years on Supreme! Any better if we the people, away from the Court, Merrill said Senate. Are reflective of the political spectrum, or are removed from office by Impeachment for learning and explaining. White male in the Supreme Court justices are reflective of the sole purposes of the current ;! Of Amy Coney Barrett chief Justice of the land, which protects the Courts legitimacy Therefore... Positions in the modern era, that often means more than three on. 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Citation style rules, there may be some discrepancies appointed by the president is important to consider pros! Pros & cons of such a position before deciding if it is also one of the U.S. Supreme Court then.