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Deciding to Leave: The Politics of Retirement from the United States Supreme Court »

Book cover image of Deciding to Leave: The Politics of Retirement from the United States Supreme Court by Artemus Ward

Authors: Artemus Ward
ISBN-13: 9780791456514, ISBN-10: 079145651X
Format: Hardcover
Publisher: State University of New York Press
Date Published: February 2003
Edition: (Non-applicable)

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Author Biography: Artemus Ward

Book Synopsis

Ward (political science, Northern Illinois U.) offers a systematic study of the process by which Supreme Court justices decide to retire from the bench, and a historical look at retirement practices in the Courts. Citing partisan pressures that sometimes keep justices in their seats well beyond their ability to do effective work, Ward further argues for a reformed system of mandatory retirement. Chapters include 1789-1800: traveling postboys; 1869-1896: old imbeciles on the bench; and 2000-present: a self-inflicted wound. Annotation (c)2003 Book News, Inc., Portland, OR

Library Journal

In this excellent historical-institutional analysis, which proceeds from the inception of the U.S. Supreme Court to the present, legal scholar Ward systematically examines the decisions of justices to retire from the Court. Ward finds that since 1954 justices have increasingly used strategic departures to allow a president from their own party to select their successor. He discusses a number of proposals for reforming the current succession process, e.g., the enactment of a constitutional amendment for a mandatory retirement age for Supreme Court justices. This informative and interesting book provides new insights into the internal activities of the Court and the behavior of justices. Highly recommended for academic libraries and the law collections of large public libraries.-Steven Puro, St. Louis Univ.

Table of Contents

List of Illustrations and Tables
Preface
1The Politics of Departure in the U.S. Supreme Court1
21789-1800: Traveling Postboys25
31801-1868: Crippled Courts43
41869-1896: Old Imbeciles on the Bench69
51897-1936: Old Fools and Young Spirits95
61937-1954: Senior Status127
71954-1970: The Limits of Power153
81971-1999: Appointed for Life177
92000-Present: A Self-Inflicted Wound211
10Conclusion: Imaginary Danger?225
App. ALetter from Byron White to Warren Burger, October 20 1975249
App. BLetter from Warren E. Burger, William J. Brennan, Jr., Potter Stewart, Byron R. White, Thurgood Marshall, Harry A. Blackmun, Lewis F. Powell, and William H. Rehnquist to William O. Douglas, December 22, 1975253
App. CLetter from John Paul Stevens to William H. Rehnquist, October 28, 1988255
Notes259
Bibliography313
Index329

Subjects