Perry proposes end of life tenure

Howard Wasserman wasserma at fiu.edu
Tue Nov 15 15:27:56 PST 2011


Sorry again; our e-mail system is a bit quirky:

http://balkin.blogspot.com/2009/02/reforming-supreme-court.html

Howard M. Wasserman
Professor of Law
FIU College of Law
University Park, RDB 2065
Miami, Florida  33199
(305) 348-7482
(786) 417-2433
howard.wasserman at fiu.edu
Faculty Page:http://law.fiu.edu/faculty/faculty_wasserman.htm
http://ssrn.com/author_id=283130
________________________________
From: conlawprof-bounces at lists.ucla.edu [conlawprof-bounces at lists.ucla.edu] on behalf of Howard Wasserman [wasserma at fiu.edu]
Sent: Tuesday, November 15, 2011 6:26 PM
To: Lichtman, Steven; conlawprof at lists.ucla.edu
Subject: RE: Perry proposes end of life tenure

Here are two posts from Jack Balkin explaining the Carrington proposal and how it would work:


Howard M. Wasserman
Professor of Law
FIU College of Law
University Park, RDB 2065
Miami, Florida  33199
(305) 348-7482
(786) 417-2433
howard.wasserman at fiu.edu
Faculty Page:http://law.fiu.edu/faculty/faculty_wasserman.htm
http://ssrn.com/author_id=283130
________________________________
From: Howard Wasserman
Sent: Tuesday, November 15, 2011 6:24 PM
To: Lichtman, Steven; conlawprof at lists.ucla.edu
Subject: RE: Perry proposes end of life tenure

The Carrington proposal would not end life tenure. It would just require justices to take senior status after 18 years and would provide that the 9 junior-most justices will hear most cases (unless there is a recusal). The senior justices retain their tenure and guaranteed salaries; they would sit to fill in the panel when there is a recusal and they could sit on lower courts.

Howard M. Wasserman
Professor of Law
FIU College of Law
University Park, RDB 2065
Miami, Florida  33199
(305) 348-7482
(786) 417-2433
howard.wasserman at fiu.edu
Faculty Page:http://law.fiu.edu/faculty/faculty_wasserman.htm
http://ssrn.com/author_id=283130
________________________________
From: conlawprof-bounces at lists.ucla.edu [conlawprof-bounces at lists.ucla.edu] on behalf of Lichtman, Steven [SBLichtman at ship.edu]
Sent: Tuesday, November 15, 2011 6:14 PM
To: conlawprof at lists.ucla.edu
Subject: RE: Perry proposes end of life tenure


I'm not sure I agree that it can be done by statute, since Perry is proposing an end to life tenure.  Does not that directly conflict with the requirement that "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour"?



Cheers,

Steven



FYI, it's in Scot Powe's piece in "Stupidities / Tragedies", though I think Sandy Levinson has raised it elsewhere as well.  Worth mentioning that Perry's getting his stuff from a couple of Texas academics ...






________________________
Dr. Steven Lichtman
Associate Professor of Political Science and Pre-Law Advisor
Shippensburg University
Department of Political Science - Grove Hall 413
1871 Old Main Drive
Shippensburg, PA  17257
(717) 477-1845
http://webspace.ship.edu/SBLichtman/lichtman.htm
http://www.ship.edu/political_science/steven_lichtman


________________________________
From: conlawprof-bounces at lists.ucla.edu [conlawprof-bounces at lists.ucla.edu] on behalf of Jon Roland [jon.roland at constitution.org]
Sent: Tuesday, November 15, 2011 5:43 PM
To: Howard Wasserman
Cc: conlawprof at lists.ucla.edu
Subject: Re: Perry proposes end of life tenure

On 11/15/2011 04:27 PM, Howard Wasserman wrote:
Would this require an amendment?
No. Nothing in the Constitution says a judicial appointment is to any particular court.
Why couldn't Congress do this by statute, since it goes more to organizational details?
It could. I propose it as an amendment to entrench it and get buy-in from a broad constituency that might be swayed by reliance interests.


-- Jon

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