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Ruth Bader Ginsburg

Four Supreme Court Justices are older than 75. Is that a problem?

Four Supreme Court Justices are older than 75. Is that a problem?

In a law review article I wrote 15 years ago about cognitive decline on the U.S. Supreme Court, I predicted that, in the coming years, no one would take action to mitigate the problem. Instead, another half a dozen mentally decrepit justices would join “the roster of jurists who harmed their court and hurt their own reputations by remaining on the bench too long.”

Although most justices who have retired since then left with their wits (more or less) intact, I'm concerned that my prediction is about to come true.

Today we have four Supreme Court justices who are...

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