Read e-book online Deciding to leave: the politics of retirement from the PDF

By Artemus Ward

ISBN-10: 079145651X

ISBN-13: 9780791456514

ISBN-10: 0791456528

ISBN-13: 9780791456521

The 1st sustained exam of the method through which justices opt for to go away the U.S. splendid courtroom.

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Additional info for Deciding to leave: the politics of retirement from the United States Supreme Court

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For the purposes of departure, justices behave in a partisan way by seeking to have a broad influence on the selection of their successor. Partisan justices base their departure decisions on their perceived agreement with the policy positions of the president, the Senate, or both. While some cases are clearer than others, evidence of parisanship is often mixed. Partisanship usually manifests itself in two ways: either the justice departs under a like-minded president or the justice remains in his place in order to keep the vacancy away from an opposition president.

Though the Retirement Act of 1869 proved successful initially, it soon became clear that the requirements, age seventy with ten years of service on the Supreme Court, were difficult to attain for many justices. Furthermore, there was no provision for disabled justices who had not yet met the retirement threshold. Many justices enjoyed their work and the prestige of their office and were reluctant to step down. Also, the creation of the Courts of Appeal and dramatic changes in the Supreme Court’s docket had an impact on departure decisions.

Because both Republican candidates, Jefferson and Aaron Burr, had an equal number of electoral votes, there was no president-elect. Jefferson, and others, speculated that the now lame-duck Federalists, who still controlled Congress, were maneuvering to name the next president. Jefferson wrote Madison, “All the votes are now come in except Vermont & Kentucky, and there is no doubt that the result is a perfect parity between the two republican characters. The Feds appear determined to prevent an election, & to pass a bill giving the government to Mr.

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Deciding to leave: the politics of retirement from the United States Supreme Court by Artemus Ward


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