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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