WHY SUPREME COURT JUSTICES DON’T DIE ANYMORE

Abstract

Over the past 100 years Supreme Court Justices are retiring at a much higher rate than their predecessors. The question becomes what sparked this changed? The change from ~67% of Supreme Court Justices dying during the early years of the court to ~83% of justices who served in the modern court (1900-present day) retiring from office (Hylton 2012). It is not only important to only understand that there is a shift in how justices are leaving the court, but rather grasp the implications this shift has on the court. One possible result of this shift could be a change in the ideological makeup of the court. That these justices aren’t dying in office anymore because they wish to retire under a political climate that will appoint a justice that is like-minded to the justice that is leaving office. By retiring these justices are taking away the chance that they could die under an unfavorable political climate. This paper will explore the possible effects that justices could produce by retiring at a greater rate than previous years.