Can Congress Impose Term Limits on Federal Judges?

March 4, 2026

A proposal in Congress would limit federal judges — including justices of the Supreme Court — to fixed terms of service. It was introduced by Representative Tom Barrett.

Whether lifetime tenure is good policy is a legitimate subject of debate. Thoughtful people disagree about judicial independence, accountability, and the ideal length of service.

But what is not debatable is where judicial tenure comes from.

It is not created by Congress.

It is established by the Constitution itself.

Article III provides that federal judges hold office during “good Behaviour” — a phrase that has been understood since the Founding to mean life tenure unless removed through impeachment.

Congress has significant authority over the federal court system: it can create courts, structure them, fund them, and regulate procedures. What it cannot do is shorten constitutionally guaranteed tenure by ordinary legislation.

If the nation wants to impose judicial term limits, there is only one lawful route: a constitutional amendment.

The same method used to limit presidential terms.

You can argue the wisdom of life tenure.

But you cannot override the Constitution by statute.

That distinction — between policy debate and constitutional authority — is at the heart of the rule of law.