Nor is it safe to depend on pressure from the other justices. They, in the end, have little leverage over a pigheaded colleague who has grown impervious to reason. Press exposure of failing justices may also be too much to hope for. Garrow also reminds us that when William Rehnquist suffered serious speech difficulties in 1981, due to a dependence on medication, the American people didn't find out for months, until he had to be hospitalized. A constitutional amendment forcing justices to leave at age 75 has two main imperfections.
Some justices fail before that age.
But putting the limit at 70 would banish too many good justices and too few bad ones. Some justices, on the other hand, are mentally acute at 80 or older. But getting rid of some justices prematurely is worth it to avoid keeping some too long. Justice Sandra Day O'Connor wrote those words in a 1991 decision upholding a Missouri rule. Back then, O'Connor, who is now 70, had the good sense to understand the risks of elderly judges.