Jacob Gersen & Jeannie Suk Gersen, Temporary Justices, in Research Handbook on Law and Time (Frank Fagan & Saul Levmore eds., 2025).
Abstract: This chapter explores the concept of adding a temporary justice to the Supreme Court as an alternative to more radical reform proposals like court packing or imposing term limits. While ambitious reform efforts face high costs and political resistance, smaller steps, such as introducing a temporary justice, could facilitate meaningful change. A temporary justice would be nominated by the President and confirmed by the Senate, serving for a specified term without altering the tenure of current justices. This proposal leverages the historical precedent of temporary judgeships in lower federal courts and constitutional precedent. The chapter suggests that a temporary justice could enhance the Court's diversity, reduce judicial errors, add perspectives, and potentially even improve the contentious judicial confirmation process. This modest reform could yield significant benefits while maintaining the Court's institutional integrity.