

This is not an inconsequential matter. Our governing class is quite old. The average age in Congress may beĀ 55 to 60, but it is almost certainly true that more senior members with more power and authority are older. The president of the United States is 70 years old. If you look at the plots in these figures by 70 there has been a notable drop in intelligence by this age, though again, it may vary from person to person.
But most important in light of these figures is that the Supreme Court is a lifetime appointment, and many of its members are quite old, an anticipate serving until they are quite old if they are younger. In the mid-1970s justice William O. Douglas had a stroke and was basically not mentally competent to serve. Because of this fact, and Douglas’ reluctance to retire his fellow justices basically did not take his vote into account. Three of the justices today are over the age of 70, with Clarence Thomas nearing that age, and two are over the age of 80.
When it comes to Congress, or even the President, there seems to be some sort of institutional support as well as the larger collective vote in the case of Congress, which might buffer the cognitive impact of a gerontocracy. But aside from law clerks Supreme Court justices have to rely on their own individual mental capacities.

Will we openly speak of the age issue? I doubt it. Today the Baby Boomers are between the ages of 53 an 71. They are coming into their own as a cohort into the highest reaches of the gerontocracy. If there is any generation with the grace and humility to step aside for the greater good, it will not be this generation.

