Judicial Retirement - A Supreme Idea? Essay -- U.S. Justice System

Supreme Court Justice Anthony McLeod Kennedy (born July 23, 1936) recently turned 75. Justice Kennedy is considered the â€Å"swing vote† on the current Supreme Court. He recently told acquaintances that he does not plan on leaving the Court any time soon (DeFrank). We tend to hold justices in high esteem; that they are superior in knowledge, wisdom, and fairness but, the truth is, they have faults and imperfections just like the rest of us. Our Constitution allows our justices to sit on the Court for life, termed as â€Å"good behaviour† (â€Å"U. S. Constitution†). Justice Kennedy appears to be in good mental and physical health, but it has not always been so with every justice. At what point does one become too old? Is it time to entertain an amendment to the Constitution that addresses this issue, or would testing and education resolve this point in question? In the past, justices have been mostly shielded from the public eye so, for the most part, illnesses and mental decrepitude went unnoticed. Today, with the ability for extensive media coverage, it has become difficult for justices to hide the conditions of their health. Justices’ ages and mental competence are not just recent considerations. Moreover, the solutions to some of the problems that have arisen have not always been the most excellent. One method for avoiding a debilitated Court would be to pass a Constitutional Amendment. It would take an amendment to impose a mandatory retirement age since the Constitution assures the justices life tenure to secure their judicial independence. This new amendment would propose to phase out older justices in an effort to be the most beneficial to the public for which they are meant to serve. Mark Levin writes in the pr... ...("Oyez") Lazarus, Edward. "The Problem of Supreme Court Justices' Remaining on the Bench Too Long: Although It's a Genuine Concern, Recently-Suggested Reforms Are More Problematic Than the Status Quo." FindLaw. Thomson Reuters, 14 Apr 2009. Web. 19 Apr 2012. . Levin, Mark R. Men in Black: How the Supreme Court is Destroying America. Washington, DC: Regency Publishing, Inc., 2005. Print. Toobin, Jeffrey. The Nine, Inside The Secret World Of The Supreme Court. New York: Anchor, 2008. Print. "U.S. Constitution." U.S. Constitution. Law Revision Counsel of the U.S. House of Represen, 2004. Web. 15 Mar 2012. . Lewis, John G. Personal Interview. 25 Mar 2012. Payton, John. Personal Interview. 18 Apr 2012.