Deciding to leave : the politics of retirement from the United States Supreme Court / Artemus Ward.

Format:

Book

Author/Creator:

Ward, Artemus, 1971-

Series:

SUNY series in American constitutionalism

Language:

English

Subjects (All):

Judges--Retirement--United States.

Judges.

United States. Supreme Court--Officials and employees--Retirement.

United States.

Physical Description:

1 online resource (359 p.)

Edition:

1st ed.

Place of Publication:

Albany : State University of New York Press, c2003.

Language Note:

English

Summary:

The first sustained examination of the process by which justices elect to leave the United States Supreme Court.

Contents:

Intro

Deciding to Leave

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: EMERGENT AND RECURRENT STRUCTURES

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

ABRIDGMENT OF TENURE, FACILITY OF REMOVAL, OR SOME OTHER MODIFICATION

IF MR. CLAY HAD BEEN ELECTED

4. 1869-1896: Old Imbeciles on the Bench

DANGEROUS IN ITS OPERATION

1869 RETIREMENT ACT

THE DISPUTED ELECTION OF 1876

THE EVARTS ACT

5. 1897-1936: Old Fools and Young Spirits

THE FIELD EFFECT

EVARTS ACT REDUX

INCREASED CASELOADS: BOWING TO THE INEVITABLE

6. 1937-1954: Senior Status

A WAR WITH A FOOL AT THE TOP

1937 RETIREMENT ACT

UNTIMELY DEATHS

7. 1954-1970: The Limits of Power

1954 RETIREMENT ACT

CANTANKEROUS FELLOWS

AN EXTRACONSTITUTIONAL ARRANGEMENT

8. 1971-1999: Appointed for Life

HE OUGHT TO GET OFF THE COURT TOO

OLD AND COMING APART

9. 2000-Present: A Self-Inflicted Wound

THE DISPUTED ELECTION OF 2000: BUSH V. GORE

THAT'S FOR ME TO KNOW AND YOU TO FIND OUT

10. Conclusion: Imaginary Danger?

ABILITY AND INABILITY

THE RULE OF 100

LIGHTENING THE BURDEN

MANDATORY RETIREMENT

Appendix A: Letter from Byron White to Warren Burger, October 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

CHAPTER 1

CHAPTER 2

CHAPTER 3

CHAPTER 4

CHAPTER 5

CHAPTER 6

CHAPTER 7

CHAPTER

CHAPTER 9

CHAPTER 10

Bibliography

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

Y

Z.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references (p. 313-328) and index.

ISBN:

9780791487228

0791487229

9781417523979

1417523972

OCLC:

61367677