Texas voters rejected a proposal to raise the mandatory retirement age for judges. The outcome in Tuesday's off-year elections turned heads and drew new attention to issues of age and fitness for office in the U.S.
When it comes to age on the ballot, Texas didn’t wait until 2024 to weigh in.
Asked to let judges stay on the bench until they’re 79 years old — a year younger than President Joe Biden — Texas voters soundly rejected the proposal in Tuesday’s elections, a defeat that drew new attention to issues of age and fitness for office in the U.S.
“Age is front of mind for American voters in a way that it has not traditionally been and they are nervous about it,” said Cal Jillson, a political science professor at Southern Methodist University.
Others cautioned against broader takeaways. At least four other states have rejected similar proposals over the last decade, according to the National Center for State Courts. And states that have passed the measures have mostly done so in close votes.
Get ready for an unpopular opinion: Old age should not be a basis on which someone is disqualified from holding office.
Why not? Because it is wrong to cast aspersions on someone because of something they did not choose. It remains appropriate to only qualify people for elected office if they are old enough, because we want people to have enough perspective and life experience, and that is directly related to being old enough.
I'll counter with the example of Bernie Sanders, who is 82 years old, still sharp as a tack, and arguably the furthest left person in the federal government. Jimmy Carter is 99 years old, and while I know we're not hearing much from him anymore, he's been an incredible force for good well into his nineties. (Yes, I know he hasn't held elected office since early 1981, but he damned well could have, and done it well.)
Yes, Feinstein should have retired a very long time ago, not because of her age, but because of her mental decline.
Or we can disqualify them based on "we know youre declining because of basic biological fact, and you dont need to be so fucking obsessed with power that you cling to it at 80 fucking years old, step down and retire."
The real problem lies in the how SCOTUS rules on Constitutional matters, using "original intent" vs "original intent AND current societal, technological, etc changes" (which is how Canada's SCoC rules).
It remains appropriate to only qualify people for elected office if they are old enough,
Fun fact: it's legal to discriminate in the US based on age. But only towards younger, not older. You can't discriminate because someone is too old, but you CAN if they are "too young".
it is wrong to cast aspersions on someone because of something they did not choose.
Maybe it's not about casting aspersions but rather fitness for the job. If a surgeon loses their arms in a tragic accident they probably won't be allowed to operate. Pilots are forced to retire at a certain age because of this well documented age-related decline. If natural mental decline from age impairs one's ability to make fair and reasonable judgements and/or causes one to lose touch with the society they are resolving conflicts within, that seems like it would similarly impair a judge's ability to effectively do their job.
Saying a class of people shouldn't be making rights for the country when they won't be around to see the consequences isn't casting aspersions on anyone.