It’s Time to Abandon (or Closely Monitor) Judicial Life Tenure
Life tenure is a unique aspect to our federal judiciary: No other country affords that protection to its judges. The Framers justified life tenure as necessary to safeguard judicial independence and promote development of the law. My research, though, has challenged the first premise: the link between a lifetime appointment and judicial independence. In a study published earlier this year, I show that federal judges are increasingly making retirement decisions in a politically strategic manner.