Old senator wants younger judge to retire
Gordon L. Weil
A marvel of modern politics occurs when a U.S. senator, age
78, urges a U.S. Supreme Court justice, age 69, to step down because she is too
old.
The senator’s worry is that, like Justice Ruth Bader Ginsburg,
the jurist will stay on the bench too long, die in office, and allow a Republican
president to name her successor. He is concerned that she has diabetes, ignoring
that when he voted to confirm her, she had the same life-long illness.
Sen. Richard Blumenthal, who would like the resignation of
Justice Sonia Sotomayor, will be 82 when his current term expires. Coming from
Connecticut, he would almost certainly be replaced by another Democrat when
either he or his term expires.
The senator, more than the justice, illustrates a major
problem with American politics today. Our leaders are too old.
Donald Trump and the media regularly point out President Joe
Biden’s advanced age. At 81, he is the
oldest U.S. president. Trump comes in
second.
Obviously, there is a chance that an older president will
die in office. Why put the country to such a test? And if there is a real concern, that makes
the choice between their running mates as important as the top of the ticket. That could play out this year, though each
candidate seems to think himself quite durable.
But equally important is whether an older person is able to
sense and understand the values, concerns and interests of much younger people. Simply put, our leaders may be out of touch
with a lot of the population, including with its language and culture.
This lack of awareness of the sentiments of middle-aged and
younger voters has been brought home by the Israel-Gaza conflict. Support for Israel has long been a part of
the fabric of American politics. In
today’s war, it manifests itself in the outpouring of military aid for Israel
and frequent support for it at the U.N.
But many younger Democrats are openly dissatisfied with
Biden’s support for Israel. They want to
see the U.S. withhold arms supplies until Israel agrees to a ceasefire. Biden won’t go that far, possibly reasoning
that those voters will remain faithful when it comes down to a choice between
him and Trump. In a close race, however,
he may lose their needed enthusiasm.
In this context, it is worth watching Vice President Kamala
Harris closely. She may be trying to
shore up the Democrats’ progressive wing and also to prepare for her own
political future by sending more sympathetic signals to liberals.
The problem of age does not stop with the presidency. In general, Congress is also out of line with
the population it represents. That is
especially true for the U.S. Senate.
Blumenthal now ranks eighth in age among the 100
senators. Maine’s Angus King, 80, ranks
sixth. If reelected this year, he has a good chance of finishing his term in
2031 as the oldest senator. Though independent, he aligns with the Democrats.
The Connecticut senator worries that a departing Sotomayor
could be replaced by a Republican president, if Biden loses. When a Senate vacancy occurs, the home-state governor
appoints a replacement. Gov. Joe Brennan
appointed George Mitchell to the Senate.
In his next term King could serve alongside as many as three different
governors. Might one of them be a
Republican?
About one-third of the senators, including Maine’s Susan
Collins and King, are over 70. Only
slightly more than 11 percent of the total population is past 70. For this to reflect a representative democracy,
one must believe that older is wiser.
The House of Representatives average age is lower than the
Senate’s. Maine’s Rep. Jared Golden is
the 41st youngest representative out of a House of 435 members. But about 19 percent of House members are
over 70.
The solution to the age question won’t be left to officeholders
who voluntarily decide to depart because they believe they are too old. Retirement is up to the voters, and age
should be a factor among others in determining whether candidates merit holding
public office. Clearly, the judgment should recognize that not everybody ages
at the same rate.
U.S. Supreme Court openings have not usually influenced voters’
choices of president or senators who must confirm judicial appointments. Trump promised to appoint justices to overturn
Roe v. Wade, and, with a GOP Senate, he did.
In 2016, younger women did not mobilize against him to the degree they
actively back abortion rights Democrats today.
This year, more than 50 senators and representatives are not
seeking reelection. Some have quit early,
and departing incumbents say they are fed up with the partisan political
atmosphere in which they can accomplish little. The vacancies created this year could offer
the opportunity for younger leadership.