Supreme Court Justice Anthony McLeod Kennedy (born July 23, 1936) recently turned 75 years old. Justice Kennedy is considered the “swing vote” on the current Supreme Court. He recently told acquaintances that he has no plans to leave the Court anytime soon (DeFrank). We tend to hold judges in high regard; who are superior in knowledge, wisdom and fairness but, the truth is, they have flaws and imperfections just like the rest of us. Our Constitution allows our judges to sit on the Court for life, defined as “good behavior” (“United States Constitution”). Justice Kennedy appears to be in good mental and physical health, but this has not always been the case for all justices. At what point do you become too old? Is it time to consider an amendment to the Constitution that addresses this issue, or would testing and education resolve this issue? In the past, judges were mostly shielded from the public eye, so, for the most part, illness and mental decrepitude went unnoticed. Today, with the possibility of widespread media coverage, it has become difficult for judges to hide their health conditions. The age and mental competence of judges are not just recent considerations. Furthermore, the solutions to some of the problems that have emerged have not always been the most excellent. One method to avoid a debilitated Court would be to pass a constitutional amendment. It would take an amendment to impose a mandatory retirement age since the Constitution grants judges a lifetime tenure to ensure their judicial independence. This new amendment would propose to phase out older judges in an effort to be the most beneficial to the public they are intended to serve. Mark Levin writes in the pr...... middle of the paper...... ("Oyez")Lazarus, Edward. “The problem of Supreme Court justices staying on the bench too long: While a genuine concern, recently suggested reforms are more problematic than the status quo.” FindLaw. Thomson Reuters, April 14, 2009. Web.April 19, 2012. .Levin, Mark R. Men in Black: How the Supreme Court is Destroying America.Washington, DC: Regency Publishing, Inc., 2005. Print.Toobin, Jeffrey. The Nine, in the secret world of the Supreme Court. New York: Anchor, 2008. Print."Constitution of the United States." Constitution of the United States. Law Review Counsel, U.S. House of Representatives, 2004. Web. March 15, 2012..Lewis, John G. Personal Interview. March 25, 2012.Payton, John. Personal interview. April 18 2012.
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