Supreme Choices

Our Founding Fathers could have hardly envisioned Supreme Court justices staying on well into their 80s, or waiting to retire during a presidential term so a successor could be chosen to carry on their legacy. Back in their day, life tenure simply meant guaranteeing federal judges lifetime appointments to insulate them from politics. How things have changed!
 
Supreme Court justices by the numbers:

• Justices confirmed before 1800 lived, on average, to age 67.
• Justices confirmed between 1950 and 1974 lived to almost 82.
• Only one justice, Antonin Scalia, confirmed between 1975 and the turn of the century has died, and the average age of the current justices is over 82 years.
• Since 1900, the average age at confirmation has declined to 52.2 years from 55.4.
• Justices confirmed just after the Civil War served about 16 years.
• Justices confirmed at the end of the 20th century have served, on average, 26 years.
• More than 80 percent of justices confirmed in the early 1800s died during their tenures.
• 11 percent of justices confirmed in the second half of the 20th century died in office; the rest retired.

 
Compared with 47 appointments in the last 100 years, one recent analysis estimated that only 25 justices will be chosen during the next 100 years. The bottom line: age, health and the Supreme Court have become intertwined with each nomination becoming more crucial, and the political battles more heated. Adding to the mix…an incentive for the president to choose younger nominees who can spend decades influencing Court decisions.
 
Of note…Most US states have term or age limits for its judges--generally between 70 and 75. Vermont’s age limit is 90.
 
Learn more:
 
https://www.nytimes.com/2018/08/31/upshot/supreme-court-longevity-lifetime-appointments.html?utm_campaign=KHN%3A%20Daily%20Health%20Policy%20Report&utm_source=hs_email&utm_medium=email&utm_content=65600516&_hsenc=p2ANqtz-_vE8_tTXwnQTFCcjdw_2LMeDJ2k8TnknoWIZpwNu9qmN86CIGIkushQnwHhUN-atC3fQXJy-qZOWNAEXxZR-xSjSivzQ&_hsmi=65600516