Tuesday, May 26, 2009

Reflections on the Court

There seems to be a trend of presidents choosing younger and younger justices.  I fully expect Obama's next appointment to be a 12 year-old. 

Do we think it is of importance?  I wonder if a court of justices in their 50s is likely to be noticeably different from one in their 70s (holding constant their politics).

Or how about the fact that turnover is simply lower when judges are nominated in their late-teens... is that an impact?

I don't even have a clear opinion on any of this, it's just an observation.

7 comments:

JimII said...

Although, I know that the claim is Sotomajor has more experience as a judge than any member currently on the bench, which was a claim also made about Alito or Roberts.

There has been some stuff written about how the aging Rehnquist court was notably more understanding of palliative care then it was of other human issues.

I think the life tenure has to be re-examined. With Alito and Roberts, it would have almost been irresponsible for Obama to nominate someone in his or her sixties.

JimII said...

Huh, it also appears that the premise is not right. (Although I admit that I would have agreed with you in a coffee shop conversation.)

According to Wikipedia here are the ages upon confirmation:

Ginsburg - 60
Bryer, Alito - 56
Stevens - 55
Kennedy - 52
Souter - 51
Scalia, Roberts - 50
Thomas - 43(!)

Sotomayor's 54 is smack in the middle (actually older than the median 52.)

BTW, Jesus Christ, 43 for a guy who doesn't ask question or write?

shadowfax said...

Jim, thanks for clarifying the trend. I too agree that life tenure should be changed. The drive to relatively young justices is disturbing, but the unpredictability of vacancies makes each slot that does come open supercharged, politically. If there were eighteen-year terms, there'd be a new nominee every two years on schedule. That would smooth the process as well as ensure a "fresh" court.

Not that I see a constitutional amendment in the works.

JimII said...

Jim, thanks for clarifying the trend. . . . The drive to relatively young justices is disturbing,Just to clarify my clarification, there is not trend to younger justices, but perhaps a tradition of nominating people in their fifties.

Matt Dick said...

Bizarre--I had this perspective that was way off. Roberts is indeed on the young side, but isn't so babyish. Thomas was in his 30s!? That's amazing.

Matt Dick said...

I meant to say a "thank you" to Jim for finding out the actual data here and correcting my mistake.

JimII said...

We all were under the same understanding, which makes me think the MSM possibly did a less than good job of reporting the significance of the Roberts & Alito confirmations. Shocking.