‘Good behavior’ by judges

The Constitution provides that judges "shall hold their Offices during good Behavior." The term "good behavior" is interpreted to mean that judges may serve for the remainder of their lives.

Interesting, isn’t it? I wonder who “interpreted” good behavior to mean a lifetime sinecure.

I could make the argument that judges can’t rule on such a question since they’d be conflicted.

A twelve-year Supreme Court term would be two times a Senator’s term and three times a President’s term. In fact, it would mean that Presidents aren’t obsessed with finding a forty-year-old appellate judge to nominate to the Supreme Court. A President could nominate a sixty-year-old for a seat on the Supreme Court without the calculation of how many more years on this earth the nominee has.

A twelve-year term would also lessen the Nine’s power and the deference we give to such an undemocratic body.


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