Wednesday, May 13, 2009

When 50 is Too Old

It is now widely understood that presidents must value youth in their Supreme Court nominees. The reason lies in the combination of two factors: life tenure and the two party system.

Because justices serve for life, presidents can increase their influence on the law by choosing young nominees. Given two-party competition, this incentive can provoke an unhealthy game of how-low-can-you-go: If one party nominates young justices, the other party risks ceding long-term control...

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image toon - 1st bbro legal - Bumbs re next SCOTUS need only have empathy

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