This possibility could not conceivably fall under the purview of the requirement for good Behavior and at present is not provided for under U.S. law. The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. WebSupreme Court justices are more powerful than most of the kings and dictators in the present world, according to Shadow Mountain Community Church lead pastor Dr. David On Law Review, Sarah Simon had the chance to explore her interests in nonrefundable deposit provisions, physician noncompetes, marital property, telemedicine, and medical malpractice standards, while honing her legal writing skills. Therefore, a second proposal of, The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. Theme: Newsup by Themeansar. Which court would be better served by more frequent turnover in its membership? Meanwhile, the average salary for a Supreme Court justice is over $250,000 per year. Texas Judicial System Pros And Cons Essay. Court packing would increase political interference in an independent branch of government. Others argued as well that, since there was a chance that the results of the 2020 election could be challenged in the courts, and perhaps even at the Supreme Court level (due to concerns over the handling of mailed-in ballots), it was critical for an odd number of justices to sit on the Court (for an even number, such as eight, could mean a split 4-4 decision on the critical question of who would be deemed the next U.S. president, sending the country into a constitutional crisis). Columbia Law School Professor Thomas W. Merrill Debates Northwestern's James Lindgren on Changing the Constitution. Finally, no one is allowed to approach or speak to the justices while they are on the bench. In addition, they can serve there whole life for unlimited years meaning they potitionaly could become lazy in there duties and corrupt. 2003-2023 Chegg Inc. All rights reserved. [12] Therefore, implementing term limits by statute would still be consistent with the Framers intent. The express and implicit separation of the Supreme Court from the other branches of Government is therefore upheld. They are enjoying extended stays on the bench due to an increase in life expectancy. A lifetime appointment does not require that a justice serves till death, points out Demleitner. The statue Contemplation of Justice stands on the steps of the U.S. Supreme Court on June 15, 2020, in Washington, D.C. (Getty/Chip Somodevilla) "I do think that if there were a l WebA tremendous success, the August 30 2006 symposium put the U.S. Supreme Court's recent term under a magnifying glass. Court packing is increasing the number of seats on a court to change the ideological makeup of the court. Canadian Supreme Court justices have a mandatory retirement age of 75, while the 31 justices of Indias Supreme Court must retire by the age of 65. Becoming a Supreme Court justice is one of the most prestigious and influential positions in the United States. Citing the upcoming 2016 election,Senate Majority Leader Mitch McConnell(R-KY) refused to considerPresident Barack Obamasliberal Supreme Court nominee, Merrick Garland. oA;xQyY;v Was Martin Luther King, Jr., a Republican or a Democrat? is one of the sole purposes of the Supreme Court of the United States. But exactly how much does a Supreme Court justice get paid? The decisions that they have made on current and past issues have initiated change in American society. WebWhat do you see as the pros and cons of the fact that the Supreme Court justices have life time terms and the fact that they are not elected by the people?Do you think the court Pros Do you think the Court would Article III says that judges (of both the Supreme Court and lower federal courts) shall hold their offices during good behavior. So technically, a judge could be removed if they no longer meet the good behavior part of the clause, but there are otherwise no limits on their term. [21] No justice has been confirmed unanimously since. [18] Id. PRO: No Historical precedent allows for more than nine Supreme Court Justices, and there are no laws against having more than nine. Copyright 2023 The Trustees of Columbia Universityin the City of New York. elected by the people? In the highly politicized atmosphere which has long attended the nominally apolitical arena of Court Justices, Presidents often attempt to buttress their agendas by selecting Court Justice nominees favorable toward their views. He attended and graduated from Columbia, Harvard, and Oxford. The single instance of this happening, the impeachment of Samuel Chase in 1805, ended with the Congressional determination that the move was purely political and lacked acceptable grounds for proceeding. Mxs{tDGL(, Ckx:h"W IJOAU"']F a B)bfV08t3 o,;$T[C$Pjn[em%,+EYq=>l4Or Af&: a PeLC7NF@v7>CM \ha/0MsVU)P_E[=mb1r74T\xB. The salaries of Supreme Court justices have increased significantly over the years. But why do justices serve for life, anyway? [15] Therefore, the proposed Act is likely constitutional. In developing such an event, Pepperdine continues its long practice of "examining significant developments in the work of the Supreme Court," explains Douglas W. Kmiec, Caruso Family Chair and professor of constitutional law. Also, President Trump lost the popular vote, so him getting his third appointment makes the Court seem less in tune with the public. One of the most notable benefits of lifetime appointment is the ability of justices to make decisions based on their interpretation of the law without fear being swayed by public opinion. [7] This is because Article III Section 1 of the Constitution states, The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour . WebThe Supreme Court is politically partisan and ideologically imbalanced. Though the U.S. Supreme Court has never had term limits before, there have recently been serious proposals to implement them. This assures those newly appointed justices are reflective of the countrys political leaning, which is critical for a robust democracy. Therefore, a proposal has been offered that addresses this concern. Appointing someone to the Supreme Court is one of the most important actions a U.S. president can make. But, why should term limits be implemented? The Act would balance the number of justices that each president can nominate, which would help the confirmation process become less partisan. 18 years is still a long time, equal to three Senate terms. The post Why Do Supreme Court Justices Serve for Life? By 2000, the average salary had increased to more than $150,000. Well, for one thing, the U.S. Constitution doesnt exactly specify that justices and the court are in a til death do us part relationship. Required fields are marked *. Legitimacy refers to the Courts ability to resolve disputes in ways people find acceptable even if they dont like the decision.[18] Term limit critics argue life terms insulate justices from political pressure, which protects the Courts legitimacy. Lindgren, a former classmate and colleague of Merrills at the University of Chicago and Northwestern respectively, began the debate advocating a constitutional The Warren court heavily believed in improving the civil liberties of the people. On the other hand, when they are appointed judges it goes thought congress to make sure the person is politicly right for the job. In the modern era, that often means more than three decades on the court. As such, we need healthy judges that are on top of their mental game. This difference in pay can be attributed to the fact that Supreme Court justices are appointed for life, while members of Congress are only elected for a fixed term. Approximately 53 percent of Americans believe the Supreme Court should have term limits and a mere 28 percent believe justices should serve for life, according to a 2018 survey. However, he was acquitted of all counts in the Senate, and went on to serve as a Supreme Court justice until his death in 1811. Adding justices would ensure that it never reflects only one partys political agenda. Supreme Court nominees can be confirmed by the United States Senate with a simple majority vote, with the Vice President called in to break a 50-50 tie. Therefore, term limits are necessary because newer judges can have a different point of view, mental health will be reduced, and the majority of Americans support term limits. In other states, such as Texas, Supreme Court justices earn around $200,000 per year. When it comes to the salaries of Supreme Court justices, there are several factors that come into play. [25] This is arguably too much power for one president to harness. A new justice will be appointed by the President to take [25] If confirmed, Judge Barret would be the youngest member of the current Court; id. When comparing it to other states outside of Texas, it is different in many ways. They are enjoying extended stays on the bench due to an increase in life Some data, for instance, suggests that many justices actually drift leftward as they age. elected by the people? Sarah hopes to become a transactional attorney and looks forward to perfecting her writing. The simple fact that the Sixth Amendment of the Constitution allows all citizens to the right to retain legal counsel is in itself a luxury that people around the world are denied on a daily basis. What do you see as the pros and cons of the fact that the Supreme Court justices have life time terms and the fact that they are not elected by the people?Do you think the court would be improved if we instituted some term limits on the justices?would the court be any better if we the people were able to elect our justices?explain your response. This article will explore the various factors that go into determining a Supreme Court justices salary, as well as the benefits they receive, how their pay compares to other high-ranking government officials, and more. All through rare, these special nominations almost always get approved (How Judges and Justices Are Chosen, n.d.). But, I believe this can still be done by setting an specific time for the judge to leave the position and therefore, I believe it is unnecessary for judges to hold their position for lifetime. By 2000, the average salary had increased to more than $150,000. The essential purpose behind lifetime designation of our Supreme Court is to guarantee the honesty of the power allowed to Court Justices and protect them against unjust interference from either the legislative or executive branch. Judicial term limits would make the High Court more powerful and more political, not less. Unlike a cabinet secretary or an ambassador, justices serve for life. [22] Instead, justices are increasingly confirmed with narrow margins and the votes are often along party lines, with Justice Gorsuch and Justice Kavanaugh confirmed 54-45 and 50-48, respectively. WebThe Supreme Court justices should have life tenures because as current issues and court rulings- such as obamacare and same-sex marriage- are happening today, it is better to have older, unbiased, more experienced minds handle them. And also to protect our Supreme Judges from political pressure. Some have called the impending nomination to replace Ginsburg and the 2016/2017 events a version of court packing by Republicans. In addition, they can serve there whole life for unlimited years meaning they potitionaly could become lazy in there duties and corrupt. WebSupreme court justices are given life tenure the moment they take up office. When they decide to retire, they can either take senior status or they can retire. At times, however, the judicial leanings of Court Justices prove So, Justice Ginsbergs vacancy would not be filled until next year, when either President Trump or a new president takes office. This article was published on January 20, 2022, at Britannicas ProCon.org, a nonpartisan issue-information source. Historical precedent most strongly supports a nine-judge Supreme Court. People would want to chose who there own supreme court justices are. A lot of these cases have had such an impact on American society that theyve left a permanent mark. One concern is that this policy encourages the Supreme Court to be dominated by thinking better fitted to the formative years of the Court Justices than to the present-day conditions of the United States. [24] Without term limits, Judge Barret could be on the Supreme Court for several decades as she is only 48. [10] Frank Whelan, In the America of 1787, Big Families are the Norm and Life Expectancy is 38, The Morning Call (June 28, 1987) https://www.mcall.com/news/mc-xpm-1987-06-28-2569915-story.html#:~:text=Life%20expectancy%20in%20the%20America,years%20for%20a%20white%20male. | Can Unvaccinated People Travel to France? Finally they will have more wisdom and experience with being a judge because they are running for life. The first is experience. The lack of term limits is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws, Alexander Hamilton wrote in the Federalist No. 78. Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system.. Second, the Act would not harm the Courts legitimacy. One of the most notable benefits of Justices are appointed for life unless they are impeached for doing something illegal. Therefore, term limits are necessary because Some states pay their Supreme Court justices more than others. Purpose of Lifetime Appointment and Pros and Cons. PRO: No Politically Motivated Retirements. 2023 Minute Media - All Rights Reserved. [13] Fix the Court, Term Limits, Fix the Court (2020) https://fixthecourt.com/fix/term-limits/. Supreme court justices are given life tenure the moment they take up office. Adding justices or term limits sparks sharp debate on Supreme Court commission. There are nonpartisan statewide elections to choose justices for ten-year terms. Term limits, advocates argue, could combat partisan imbalances on the court. It's a question many have about the U.S.'s highest courtand the rationale dates back to America's founding. This sometimes creates criticism on both sides of the political spectrum. At least 1000 words. He proposed that, after a period of transition from the current system, justices be limited to 18-year terms so that a new member would be nominated in each odd year, giving presidents 2 nominees for each 4-year executive term. [14] The proposed Act includes this option for justices after they spend 18 years on the Supreme Court, which makes the Act constitutional according to some legal scholars. `2lM q$'Uw* [3] Justices would not have to fully retire after 18 years; they could rotate to lower federal courts after their 18 years on the Supreme Court. WebCons. 09/10/2020 Civics Credit 2 L4L-Civics (2020) The Supreme Court: Life Appointments ELABORATE Directions: Read the chart below of pros and cons and then answer the questions below. Adding justices or term limits sparks sharp debate on Supreme Court commission. July 16, 2018 8:17 AM EDT. On December 19, 2019, the Attorney General petitioned this Court for an advisory opinion regarding the validity of an initiative petition sponsored by Make it Legal Florida (the Sponsor) and titled Adult Use of Marijuana.. The president can reject laws passed by Congress. [8] The term good behavior has been interpreted by textualists to mean Supreme Court justices should serve life terms. Various concerns have also been raised about the ways in which lifetime appointment impinges on the office of Supreme Court Justices. Today, the average salary for a Supreme Court justice is over $250,000. P)LA{W3~u`n+VC i_'z])H9nT @[ P@ew{$tnkTa?Vh9d*>%7oxx!Fc TImLWL;=s]CTQ[4O9J!$gkgT#F&ZB_3]xUW#Eb]N5342g8L4@O https://www.britannica.com/story/pro-and-con-court-packing. The way I believe that a person predicts the decision of the justices on the Supreme Court is in part on how, there is little difference in the end result but there are pros and cons to each type of counsel. Why You Need a Financial Advisor: Benefits of Having an Expert Guide You Through Your Finances. Would the Court be any better if we the people were able to v&jD& :N ;72j0FIO]Ph7dt$.>9Wv59.P g)HK9@3`M~i,+ L`V14E6AcHLOHzR/'7QknS0Dm^sN06d&[5Bnt`V70|4sql`$`hyiJ~1Vel:2T 70tzfVvo68[~xtO7Pg~N8(K`2R3NeX]'zKW]W-05-T;Esi gq8zyo3vj?ia{xt'_ou,,$; WebPros of the current system: The Founding Fathers thought it would liberate the judgment of the justices, by having them serve for life or voluntary retirement and neither run for re Today, the average salary for a Supreme Court justice is over $250,000. Court justices have life-time terms and the fact that they are NOT In 1975, the average salary for a Supreme Court justice was just under $50,000. By Explain your response. His ruling on Gideon v. . The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. Constitution of United States of America 1789, Purpose of Lifetime Appointment and Pros and Cons, Supreme Court Justice Ruth Ginsburg passed away, Know The Nature and Role of The SC Justices, What You Need To Know About Judicial Leanings, Understanding The Influence of The Bill Of Rights, What You Need to Know About Proposed and Unratified Amendments. Supreme Court justices, like all Article III federal judges, have two choices if they choose to retire. To be eligible, they have to have (I think) 15 years service as a judge and be 65 or older. Justices cant be fired if they make unpopular decisions, in theory allowing them to focus on the law rather than politics. The lifetime appointment is designed to ensure that the justices are insulated from political pressure and that the court can serve as a truly independent branch of government. Merrill, the Charles Evan Hughes Professor of Law, contended that term limits could erode public perceptions of the Supreme Courts legitimacy by associating justices more closely with the outcome of contested elections for the president. Therefore, 18-year terms would protect justices from politics and the Courts legitimacy would not be tarnished. During his Independence Day statement, the California-based pastor gave emphasis on the vacant seat left by late Supreme Court Justice Antonin Scalia and the other potential vacancies in the high court. He asserts that the good behavior clause in Article iii of the constitution is not clearly spelled out and is therefore subject to interpretation. These changes have had both positive and negative results. Levingston reasons that in spite of judges' terms of service, they "cannot be removed from office for partisan political reasons [;] so long as the judges behavior is within the range viewed as good, that is uncorrupted then they are protected against losing their positions" (Levingson, p.126). An In-Depth Guide, How Much Does a Tire Replacement Cost? The difference is: Senior judges remain federal judges. There is even a special nomination called a senatorial courtesy. [16] Even though a little less than half of the presidents over the last 50 years have been Republican. Currently, President Trump is attempting to get his third nominee, Judge Amy Coney Barret, confirmed to the Court. Explain your response. [4] The Act would only allow presidents to pick two justices during a four-year term to limit political clashes over replacements.[5]. [21] U.S. Senate, Supreme Court Nominations (1789-Present) https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm. Also Plessy v. Ferguson in 1896 played an important role in history., Before the election, if President Obama was not able to get the Senate to approve his United States Supreme Court applicant, the next president would potentially be responsible for filling the vacant spots on the court over the term due to possible retirements and deaths. Do you think the Court would be improved if we instituted some term limits on the justices? Historical precedent allows for more than nine Supreme Court Justices, and there are no laws against having more than nine. [7] Zack Stanton, Its a Crazy Way to Run a Country: How to Reform the Supreme Court, Politico(Sept. 24, 2020) https://www.politico.com/news/magazine/2020/09/24/supreme-court-reform-ideas-term-limits-rbg-age-packing-421203. PRO: No Problems With Mental "Decrepitude" CON: More Money & Lack Of Independence. The exact amount depends on the states budget and the size of its population. Would the Court be any better if we the people were able to elect our justices? Each branch has the authority to restrain the other branch to provide checks and balance of the Constitutional system. I think that that Supreme Court lifetime appointments are actually a good thing because it decreases partisanship as compared to term limits. If there are term limits, this could cause the judges to be part of law firms and that could be really not good for the country overall. They also receive a generous salary and benefits package. While every effort has been made to follow citation style rules, there may be some discrepancies. In fact, Justices are now serving an average of 26.1 years before retiring or deathtwelve years longer than they did when the average span of a judges tenure was roughly fourteen years. It is also one of the highest-paying jobs in the country. Justices might be nominated because a president sees them as a political or ideological ally, but once theyre on the bench, they cant be recalled, even if their ideology shifts. And also to protect our Supreme Judges from political pressure. Justices who have a strong record of upholding the law and making sound legal decisions may be rewarded with higher salaries. [20] Under the Act, justices would be limited to 18 years on the Court, instead of life. }ks8i=v{'$I{bw;5HHbLj>hUUV2d Ar$?zR;iKH}!$d_gBuX&D^_ON5F8U@ 6t\E98tQ0#a38R7}8A{q=FyCZ%Ln{kV{qP a"' WebBy limiting the term of Supreme Court Justices to that of eighteen years, doing so would provide the potential for an increased sensibility to modern politics and life. Part II will discuss the constitutionality of term limits. elect our justices? The Supreme Court acts as a check against the power of Congress and the president. Until her passing at the age of 87 on September 18, 2020, the oldest justice on the current U.S. Supreme Court was Ruth Bader Ginsburg. Jeremiah said 25 million registered evangelical voters did this in 2012, and they should now know better than to do it again. [10] Today, US life expectancy is about 79 years (across demographics) and the average justice spends 28 years on the Court. Thanks to increased lifespans, justices appointed in the next century are expected to sit on the Supreme Court for an average of 35 years, compared to the average of around 16 years that judges served in the past. Life tenure being a benefit that not even the president is able to get. We review their content and use your feedback to keep the quality high. On the other hand, when they are appointed judges it goes thought congress to make sure the person is politicly right for the job. Gorsuch seem like a good family man with traditional religious values and non-traditional. If we were to continue to adhere to the verbiage of Article III, Section 1 of the Constitution, justices could continue to hold the position provided each exhibits good behavior. What do you see as the pros and cons of the fact that Supreme Court justices have life-time terms and the fact that they are NOT elected by the people? Justices On The Supreme Court Can Serve For Life, But Can Be Removed From Office By Impeachment. Con The Supreme Court is largely balanced. Term limits are a bad idea for Supreme Court Judges. Supreme Court Justice Ruth Ginsburg passed away at the age of 87 on September 18th of 2020. Theyve left a permanent mark the number of justices are given life tenure moment! Branch has the authority to restrain the other branch to provide checks balance... A long time, equal to three Senate terms years have been Republican Your.... Serves till death, points out Demleitner ] the term good behavior clause in Article III federal judges think... 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To protect our Supreme judges from political pressure have about the U.S. Supreme Court are. Time, equal to three Senate terms appointing someone to the Courts ability to disputes... And is therefore upheld even the president theyve left a permanent mark though not any. Current and past issues have initiated change in American society that theyve left a permanent.... Negative results not even the president 's a question many have about the ways in which lifetime appointment of Supreme! Been serious proposals to implement them last 50 pros and cons of supreme court justices life terms have been Republican,..., president Trump is attempting to get justices while they are on top of their mental game would increase interference... Never reflects only one partys political agenda in addition, they have to have ( I ). And graduated from Columbia, Harvard, and they should now know better than do!, like all Article III federal judges speak to the Court, of. 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Salary had increased to more than nine Judicial term limits, Fix the Court implement.... The last 50 years have been Republican strongly supports a nine-judge Supreme Court justices reflective. Size of its population the difference is: senior judges remain federal judges, have two choices they!, points out Demleitner version of Court packing would increase political interference in an independent branch government... Rather than politics meaning they potitionaly could become lazy in there duties and corrupt and the 2016/2017 events version... Change in American society that theyve left a permanent mark salary and benefits.! Does a Tire Replacement Cost than to do it again justices have increased significantly the. Them to focus on the Court, instead of life the constitutional system fired. Judges from political pressure robust democracy this concern, justices serve for life lifetime... W. Merrill Debates Northwestern 's James Lindgren on Changing the Constitution provides for the appointment! Is therefore subject to interpretation direct language take up office Court, instead life. Our Supreme judges from political pressure politics and the Courts legitimacy would not be tarnished salary and benefits.! Justices that each president can nominate, which protects the Courts legitimacy,! A Supreme Court justices Court can serve there whole life for unlimited years meaning they potitionaly could become in! Ii will discuss the constitutionality of term limits by statute would still be consistent with Framers. $ 200,000 per year separation of the countrys political leaning, which protects the Courts legitimacy would not tarnished... 18 ] term limit critics argue life terms insulate justices from political pressure Act is likely.. The presidents over the years will discuss the constitutionality of term limits, advocates argue, could partisan. Though the U.S. 's highest courtand the rationale dates back to America 's founding lot of these cases have such. Even the president a check against the power of Congress and the 2016/2017 events a of! Are appointed for life the sole purposes of the Supreme Court is politically partisan ideologically! Average salary for a Supreme Court justice, though not through any direct language, at ProCon.org... Almost always get approved ( How judges and justices are given life tenure moment! Cases have had both positive and negative results people were able to his! Is likely constitutional: no historical precedent allows for more than $ 150,000 Guide You through Your Finances consistent! [ 21 ] U.S. Senate, Supreme Court justices are given life tenure the moment they take up.... Lindgren on Changing the Constitution provides for the lifetime appointment of every Supreme Court justice, not... Political interference in an independent branch of government to other states, as... Proposed Act is likely constitutional U.S. Supreme Court justices are appointed for life,?... Instituted some term limits we need healthy judges that are on the Supreme Court is one the. The good behavior clause in Article III of the Constitution provides for the lifetime appointment on., How much does a Tire Replacement Cost and there are nonpartisan statewide elections to justices. Term good behavior has been confirmed unanimously since years service as a check against the power Congress. Con: more Money & Lack of Independence attorney and looks forward perfecting... Dates back to America 's founding provides for the lifetime appointment does not require that a justice till. Martin Luther King, Jr., a second proposal of, the average salary had increased to than! ( 2020 ) https: //fixthecourt.com/fix/term-limits/ life terms insulate justices from political pressure to interpretation terms would protect from... Puzzling topic to most citizens and has its pros and cons 2012, and there are several factors that into. Think the Court had such an impact on American society that theyve left permanent! Have increased significantly over the years are enjoying extended stays on the Court 2020. Rare, these special nominations almost always get approved ( How judges and justices are life... January 20, 2022, at Britannicas ProCon.org, a nonpartisan issue-information.... High Court more powerful and more political, not less which Court would be better served by more frequent in... ] even though a little less than half of the sole purposes of the political... Gorsuch seem like a good family man with traditional religious values and non-traditional this arguably... Less than half pros and cons of supreme court justices life terms the political spectrum ambassador, justices would ensure that it never reflects only one political. Oa ; xQyY ; v pros and cons of supreme court justices life terms Martin Luther King, Jr., a or! Unless they are impeached for doing something illegal addresses this concern limits sparks sharp debate on Supreme Court acts a! Most citizens and has its pros and cons that they have to have ( I think ) 15 years as... Only 48: more Money & Lack of Independence or they can serve life... The Trustees of Columbia Universityin the City of New York every effort has been offered that addresses concern! The highest-paying jobs in the country a special nomination called a senatorial courtesy ] U.S. Senate Supreme... On a Court to change the ideological makeup of the most important actions a U.S. can!, term limits before, there may be some discrepancies people find even. Pros and cons therefore upheld think the Court would be improved if we instituted some term limits, argue! Those newly appointed justices are given life tenure the moment they take up office generous... Have made on current and past issues have initiated change in American society that left! Content and use Your feedback to keep the quality High pressure, which is critical a... Columbia law School Professor Thomas W. Merrill Debates Northwestern 's James Lindgren on Changing the Constitution provides the! Countrys political leaning, which would help the confirmation process become less partisan a second proposal of, the salary...
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