19 Jan 2018 Age For Supreme Court Judges

How Old Is Too Old For The Supreme Court?

Into 2009 the FAA ruled that mandatory retirement of commercial airline pilots at  age 60 was too early and moved it to age 65.  The same reason for setting a pilot’s ability to do their job should also be applied to the Supreme Court, and all federal judges.

If that was the age set for pilots, why shouldn’t that be the age for judges too? If an age was set because it was thought the pilots reflexes and thinking may begin to be impaired at that age, would we want judges whose ability may begin to slip?

One may argue that it is a big difference between the skills needed between a pilot and the judge. I would argue it is just a difference of time. A pilot may impact the lives of passengers right away. A judge may impact lives over a longer-term when they render a certain decision. There’s no mandatory retirement age for doctors. Michael DeBackey, a renowned heart surgeon worked well into his 70s. Is a commercial pilots job more stressful than a surgeon? Both make immediate decisions that impact lives.

Do I believe there should be a mandatory retirement age? Yes, age 70 is not too old for a commercial pilot. There can be twice a year simulator check rides that present demanding scenarios. These check out can support a pilot flying until 70.  Judges should have to retire at 70 too. They can’t claim that their job does not require the quick reflexes of a pilot. Their job requires deep thought. There will always be the outlier person who is at age 80 or 90 can possess the reflexes and deep thought capacity of someone under 70. However, mandatory retirement ages have to consider the whole range of capabilities at an age and what is best for the public.

Mandatory retirement is a tough issue. You have to balance discrimination laws with public safety. Is 65 too young for a pilot, maybe, but 75 is too old for a judge.