When to Retire a Justice

[groovedaddy]

HAVING long observed as well as experienced aging, I question the wisdom and virtue of people in their 70s who continue to exercise great power over others. I have been teaching law only part time for eight years, since I turned 70. But Supreme Court justices, who have more influence on our society than almost anybody, often cling to their offices until they die, even though, as veteran federal judges, they are entitled to retire at full pay.

You may have heard that justices and other federal judges enjoy “life tenure” — something that is easy to believe when the average age of the Supreme Court justices is 69. However, Article III of the Constitution says only that federal judges, both of the Supreme Court and of lower courts, can retain their offices as long as they maintain “good behavior.”

This seems to imply that the justices have a duty to retire when they are no longer fit to work full time. That duty is a rule in some countries: Britain, for instance, forces judges to retire at 70.

It is said that Supreme Court justices used to direct a junior colleague to notify a dotty justice that it was time to resign. But as the influence of the court expanded in the second half of the 20th century, that practice seemed to disappear. Some justices, even those seriously unfit, have held on to their awesome power and status long beyond what was reasonable. William Rehnquist, who continued to work on cases in 2005 even as he was dying of cancer, is the most recent example. The celebrated Thurgood Marshall, who was 82 when he retired in 1991, was another.

http://www.nytimes.com/2009/04/13/opinion/13carrington.html?th&emc=th

[napi21]

1. I agree with you to some degree, but, it's only been fairly recent

that SCOTUS justices were appointed at younger ages, hasn't it? I can't recall any as young as Roberts. I think a lot of people believe a person should have quite a bit of experience before they are named to the SC, and I think avg. life expectancy is 76, and even that avg. has risen over the last few decades. I would hope that logic & common sense would overcome ego and any justice who had difficulty performing their duties would resign.

[DCKit]

2. Using either Marshall or Rehnquist as examples of jurors who have overstayed...

completely misses the point of an article about poor judgment, declining mental faculties and dementia. How convenient.

How about this for a scenario: The NYT wants one or two of the Libruls on the court to retire. Then, as the Republics fillibuster President Obama's appointments for two or three years, case after case will be brought and won to advance the fascist NeoCon, Homelander, Xian agenda right under our noses.

[groovedaddy]

3. I think you're absolutely correct. n.t