The average tenure on the court was 15 years until the 1970s, when it shot up to nearly 26 years.
“Life tenure today means a significantly longer tenure than it meant in 1789,” Steven G. Calabresi and James Lindgren of Northwestern University observed in 2015. The average has plainly risen since then — Ruth Bader Ginsburg died in office at 87, Antonin Scalia at 79. Stephen Breyer retired this year at 83 and Anthony Kennedy in 2018 at 82.
The poll was taken after the leaked disclosure Monday of a draft opinion by Justice Samuel Alito overturning Roe v. Wade, the 1973 decision that guaranteed abortion rights nationwide. A wide gulf plainly exists between what appears to be a court majority restricting abortion rights and public opinion, which overwhelmingly favors access to abortion in some or all circumstances. Only 20% of Americans think abortion should be banned entirely.
INo one ever said restructuring the Supreme Court would be easy. FDR learned that from the failure of his court-packing scheme, which aimed to produce and solidify a liberal bench, but which almost brought the entire New Deal to a screeching halt.
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