A Court of Qualifications as a Forum of Removals and Retirements

Emmett L. Bennett

American Political Science Review, 1939, vol. 33, issue 1, 47-52

Abstract: The proposal in 1937 to “pack” the Supreme Court may have been an adventitious attempt directed at particular persons under displeasure, open to every criticism based upon principle. But it at least skirted part of the border of a serious problem which did not disappear when that particular scheme was repulsed. No matter whether one held with the President in his contention, or abhorred the device—no matter how little one thought the ages of the justices then sitting had to do with the complaints lodged against them—one knows that senility has in the past overtaken and may again overtake justices of that Court and impair their faculties, and that it may do so before they reach the age of seventyfive, by the same token as one knows that it has failed to overtake others who sat on the Court long past the age of four score.

Date: 1939
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