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The justices on the US Supreme Court would probably become more politically motivated, more polarized, and more heavily influenced by both popular opinion and partisan pressure. They would have greater difficulty being impartial and exercising judicial independence, and may issue more constitutionally inappropriate rulings than they do now, setting precedents that an appointed court may consider unconstitutional. They could also become more concerned with reelection than with the rule of law.

The ideology of the Court would probably shift more often as public sentiment changed, resulting in inconsistent decisions, conflicting precedents, more frequently overturned precedents, more lobbying by special interest groups, more test cases accepted and possibly favoring special interest groups that provide campaign support, and general chaos in the federal court system as a result this instability. There may be greater potential for corruption and less concern about maintaining personal integrity.

It is also possible people could being tried and penalized under radically different applications of law over a relatively short period of time, creating a constitutionally unfair situations. It could become easier to manipulate the law at lower court levels, and may create a need for more attorneys.

The public may choose less qualified candidates than the President and Senate, would be less informed about candidates' records of jurisprudence, and voters more easily swayed by the opinions of special interest groups, many of which lie and manipulate perception in pursuit of their own agenda.

The purpose behind granting life tenure to US Supreme Court justices is to insulate them (as much as possible) from outside influences. While it is impossible to completely divorce a justice from his or her personal and/or political ideology, the selection method outlined in the Constitution is more likely to result in a qualified and stable Court, although this is not always the case.

For more information, see Related Questions, below.

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Q: What would happen if US Supreme Court justices were elected to a set term of office like the President?
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