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Does Anyone Still Think Life Tenure at the Supreme Court Is a Good Idea? A Response to RBG v. Trump

Fix the Court executive director published the following opinion piece today on Medium, noting that while there is no proof that Justice Ginsburg’s outburst last week was due to cognitive decline, the episode raises the the fact that there is no good way for the American people to be certain its Supreme Court justices are operating without any sort of mental diminishment.

“Since there is no perfect way to determine the mental acuity of individuals who serve in their positions for life (or, as has become more common recently, until death),” Roth writes, “it is in the public interest to find mechanisms that, if implemented, would reduce the chances that a diminished justice were ruling on the most important legal issues of the day.”

The essay concludes with three possible solutions to the problem: term limits, a mandatory retirement age or the nomination of less partisan individuals to the high court.

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