Topic: Judicial Term Limits
Senator: Kohl
Date: SEPTEMBER 13, 2005
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KOHL: Judge Roberts, in an October 3, 1983, memo you wrote that while you served as associate White House counsel for the Reagan administration, you expressed support for judicial term limits. You did specifically support the idea of limiting judicial terms to 15 years and you said, I quote, "to ensure that federal judges would not lose all touch with reality through decades of ivory tower existence," unquote.
And do you still support in theory the idea of judicial term limits?
ROBERTS: You know, that would be one of those memos that I no longer agree with, Senator.
(LAUGHTER)
I didn't fully appreciate what was involved in the confirmation process when I wrote that.
(LAUGHTER)
You know, the sentiments that were expressed there I think are certainly something that's worth discussing.
Perhaps my basic point was when the framers established the system of life tenure, people didn't live as long as they do now.
You know, I do think there are concerns, though, that I may be a little bit more sensitive to now than I was then, and they have to do with sort of a definite cut-off point.
I am not sure that's healthy for the institution of the judiciary, for people to know, for example, well, it's sort of like as you say, term limits; that if we wait another year, this judge will be gone or that justice will be gone.
I'm not sure today, from where I sit, that that is a good or healthy thing for the judiciary.
KOHL: So you do not support term limits anymore?
ROBERTS: I have to say I do not, because I do think that that restriction at the end, so litigants could look and shape their litigation in light of who they think the judges or justices might be, I think that's not a healthy development.
I would note that, if I'm remembering the memo correctly, I think it was a proposed constitutional amendment, which I'm not sure, but I think that obviously is a policy choice that the Constitution allows to be pursued through that process.
KOHL: All right.
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