Table of Contents

List of Illustrations and Tables Preface 1. The Politics of Departure in the U.S. Supreme Court Departure in Comparative Perspective Departure Politics in Historical Context Overview 2. 1789--1800: Traveling Postboys Indisposition and the Early Supreme Court Disagreeable Tours Conclusion 3. 1801--1868: Crippled Courts Army of Judges Imminent Danger of Sudden Death Needy and Half-Paid Men Abridgement of Tenure, Facility of Removal, or Some Other Modification If Mr. Clay Had Been Elected Overview 4. 1869--1896: Old Imbeciles on the Bench Dangerous in its Operation 1869 Retirement Act The Disputed Election of 1876 The Evarts Act Conclusion 5. 1897--1936: Old Fools and Young Spirits The Field Effect Evarts Act Redux Increased Caseloads Conclusion 6. 1937--1954: Senior Status A War with a Fool at the Top 1937 Retirement Act Untimely Deaths Conclusion 7. 1954--1970: The Limits of Power 1954 Retirement Act Cantankerous Fellows An Extraconstitutional Arrangement Conclusion 8. 1971--1999: Appointed for Life He Ought to Get Off the Court Too Old and Coming Apart Conclusion 9. 2000--Present: A Self-Inflicted Wound The Disputed Election of 2000 That's For Me to Know and You to Find Out Conclusion 10. Conclusion: Imaginary Danger? Ability and Inability The Rule of 100 Lightening the Burden Mandatory Retirement Conclusion Appendix A Letter from Byron White to Warren Burger, Oct. 20, 1975 Appendix B Letter from Warren E. Burger, William J. Brennan, Jr., Potter Stewart, Byron R. White, Thurgood Marshall, Harry A. Blackmun, Lewis F. Powell, and William H. Rehnquist to William O. Douglas, December 22, 1975 Appendix C Letter from John Paul Stevens to William H. Rehnquist, October 28, 1988 Notes Bibliography Index

About the Author

Artemus Ward is Assistant Professor of Political Science at Northern Illinois University.

Reviews

In this excellent historical-institutional analysis, which proceeds from the inception of the U.S. Supreme Court to the present, legal scholar Ward systematically examines the decisions of justices to retire from the Court. Ward finds that since 1954 justices have increasingly used strategic departures to allow a president from their own party to select their successor. He discusses a number of proposals for reforming the current succession process, e.g., the enactment of a constitutional amendment for a mandatory retirement age for Supreme Court justices. This informative and interesting book provides new insights into the internal activities of the Court and the behavior of justices. Highly recommended for academic libraries and the law collections of large public libraries.-Steven Puro, St. Louis Univ. Copyright 2003 Reed Business Information.