The longer Justice Ginsburg stays off the bench, the louder the cries are to have her retire.
Virtually every day, we see another outlet post speculation about Ginsburg’s retirement.
Additionally, we are seeing more and more people post on social media something has to be done to prevent this from ever happening again.
How Long is Too Long?
The current lifespan of individuals is something our forefathers never envisioned.
When the Constitution was drawn up, the lifespan of people was several decades shorter than it is now.
That being the case, they no doubt thought a “lifetime” appointment meant serving for eight to 10 years on the court.
Today, however, with justices often being appointed in their 50s or early 60s, these appointments can span two, if not three, decades.
While injuries do happen, Ginsburg’s current health problems have also called into question the subject of mental capacity.
By no means is anyone suggesting Ginsburg is no longer mentally sharp. Still, it’s a valid concern when we have justices their late 80s still serving on the court.
But, since she has a lifetime appointment, it is up to Ginsburg to decide when to retire.
This issue can go to the Senate, but it would require a two-thirds vote to have an impeachment, something nobody wants to see happen to a respected justice.
So, the question remains, how long should we allow justices to serve?
It is a reasonable assumption that as we progress, lifespans will continue to do the same.
Point being, adding a mandatory retirement age right now may be something that would have to be addressed again later.
If we are to amend the Constitution with a solution to this problem, it should be something that will address the problem both now and in the future.
With most offices having a term limit, it would make sense to add something similar to the Supreme Court.
This would also address any perceived bias for a justice that was appointed later in life that would come upon the mandatory retirement age prior to a younger justice being appointed.
So, the only possible solution would be to put a term limit on justices moving forward.
This would alleviate the problem of someone being on the bench past their prime as well as ensuring no one ideology is able to dominate the court over decades.