That is the title of my 2007 paper on judicial senility, which I am showcasing today as part of my “Throwback Thursday” series in which I feature my most “vintage” scholarly works. As an aside, my four-page paper on “Senile Justices” is one of only two “empirical” papers that I have ever written. (I will revisit my other empirical paper in a future post. My other works are either theoretical or historical in nature.)
In summary, inspired by the work of historian David Garrow, my paper attempts to measure the true extent of the problem of judicial decrepitude among the members of the Supreme Court of the United States since the court’s inception in 1789. After collecting and presenting the relevant data, I conclude (contra Garrow) that the incidence of judicial decrepitude is relatively infrequent and rare.